Hanks v. Sawtelle Rentals, Inc.

TROUT, Chief Justice.

Diane Hanks (Diane), a passenger, was injured in a collision involving two snowmachines — one driven by her husband, Clifford Hanks (Clifford), and the other by Joseph Williams (Williams), an employee of Sawtelle Rentals, Inc. (Sawtelle). Sawtelle and Williams appeal from a district judge’s decision awarding Diane $450,000 in damages.

I

FACTUAL AND PROCEDURAL HISTORY

In March 1995, Clifford and Diane Hanks (the Hanks) rented two snowmachines from Sawtelle, a licensed Idaho outfitter. Clifford signed a rental agreement that included a “Release and Waiver” provision. Diane,…