Yauger v. Skiing Enterprises, Inc.

We are asked to gauge whether the exculpatory contract in this case is void as against public policy. Here, Brenda and Michael Yauger brought a wrongful death action against Hidden Valley Ski Area after their eleven-year-old daughter, Tara, was killed when she struck the concrete base of a ski lift tower. The trial court dismissed the claim finding that the Yaugers' contract with Hidden Valley for a season pass contained a valid exculpatory clause. The Yaugers now reassert their challenge that it is void.

The following facts were taken from the appellate record consisting of the pleadings,…