Legal Opinion

Matthews v. Elk Pioneer Days

Court of Appeals of Washington

Decided February 27, 1992No. 11434-1-IIIPublishedCited by 24 opinions

1Opinion of the CourtThompson, J.

Marcellia and Robert Matthews appeal the summary judgment dismissing their complaint for damages incurred by Mrs. Matthews when a canopy support fell on her at the Elk Pioneer Days Festival in 1988. The trial court held Elk Pioneer Days Festival Committee, Inc., immune from liability under RCW 4.24.210, which protects landowners and occupiers of land who open their land to the public for outdoor recreation. We hold "outdoor recreation", as that term is used in the statute, does not include the festival activities here. Therefore, we reverse the summary dismissal and remand for trial.

Elk…

2Cases cited8 opinions

  1. Freehe v. FreeheWashington Supreme Court · 1972
  2. McNeal v. AllenWashington Supreme Court · 1980
  3. Southwest Washington Chapter, National Electrical Contractors Ass'n v. Pierce CountyWashington Supreme Court · 1983
  4. In Re the Marriage of BrownWashington Supreme Court · 1984
  5. Hall v. Turtle Lake Lions ClubCourt of Appeals of Wisconsin · 1988

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3Cited by24 opinions

  1. Michaels v. CH2M Hill, Inc.Washington Supreme Court · 2011
  2. Michaels v. CH2M Hill, Inc.Washington Supreme Court · 2011
  3. Kimberly Ann Sallee, Individually and as Next Friend of Lucas Gregory Durkop and Maria Christina Rivera, Matthew James Sallee, and James Allan Sallee v. Matthew R. Stewart and Diana Stewart D/B/A Stewartland HolsteinsSupreme Court of Iowa · 2013
  4. Herman v. City of TucsonCourt of Appeals of Arizona · 1999
  5. Roeder v. United StatesSupreme Court of Arkansas · 2014

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