Chepkevich v. Hidden Valley Resort, L.P.
2006 Pa. Super. 325, 911 A.2d 946, 2006 Pa. Super. LEXIS 3773 (2006)
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Rule of Law:
An exculpatory release may not be enforceable at the summary judgment stage if there is a genuine issue of material fact as to whether the release constitutes an adhesion contract or whether a subsequent, specific oral agreement by an employee superseded the terms of the original release.
Facts:
- Lori T. Chepkevich was a season pass holder at Hidden Valley Resort.
- As a condition of receiving her pass, Lori Chepkevich signed a 'Release from Liability' form, agreeing to accept all risks of skiing and not to sue the resort or its employees for injuries, regardless of their negligence.
- On December 31, 2001, Lori Chepkevich and her six-year-old nephew, Nicholas, approached a chairlift.
- Concerned for her nephew's safety due to his size and inexperience, Lori Chepkevich asked the chairlift operator to slow the lift.
- The operator stated the lift could only be stopped, not slowed, and promised he would stop it, allow them to get in position, and then stop it a second time for them to board safely.
- The operator failed to stop the lift the second time as promised.
- As the chairlift continued moving, the operator attempted to hoist Nicholas onto the seat, but only managed to get him on the edge.
- Nicholas began to slip, and despite Lori Chepkevich's efforts to secure him and her pleas to stop the lift, it continued moving, causing both to fall to the ground and injuring Lori.
Procedural Posture:
- Lori and Jeff Chepkevich (Appellants) filed a complaint against Hidden Valley Resort, L.P. (Appellee) in the Court of Common Pleas of Somerset County, a trial court.
- Hidden Valley Resort filed an Answer and New Matter, raising the signed Release from Liability as an affirmative defense.
- Hidden Valley Resort filed a Motion for Summary Judgment, arguing the release barred the negligence claim.
- The Court of Common Pleas granted summary judgment in favor of Hidden Valley Resort, dismissing the case.
- The Chepkevichs, as Appellants, appealed the order granting summary judgment to the Superior Court of Pennsylvania, an intermediate appellate court.
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Issue:
Does a pre-signed liability waiver, which releases a ski resort from liability for its own negligence, preclude a lawsuit when an employee allegedly made and then breached a specific oral promise to stop a chairlift for safety, resulting in injury?
Opinions:
Majority - Stevens, J.
No. A pre-signed liability waiver does not automatically preclude a lawsuit where genuine issues of material fact exist regarding the waiver's enforceability and whether a subsequent oral agreement superseded it. The court reasoned that the Release from Liability form arguably constitutes an adhesion contract, as the term 'negligence' was not clearly defined and the exculpatory clause was not conspicuous, providing the signer no recourse but to reject the entire transaction. Furthermore, the court found that the lift operator's specific promise to stop the lift a second time could have created a new, superseding agreement. The alleged injury arose not from an inherent risk of skiing, but from the operator's failure to uphold this specific promise, which creates a question of fact for a jury to decide. Therefore, summary judgment was inappropriate.
Analysis:
This decision underscores the judiciary's tendency to strictly construe exculpatory clauses against the party seeking to enforce them, particularly in consumer contexts. It establishes that a general, pre-signed liability waiver may be superseded by a subsequent, specific oral promise made by an employee, creating a triable issue of fact that defeats a motion for summary judgment. This precedent limits the power of broad releases by allowing plaintiffs to argue that new, superseding duties were created by employee representations, shifting the focus from the inherent risks of an activity to the specific conduct of the defendant's agent.
