Legal Opinion · Dissent

Heil Valley Ranch, Inc. v. Simkin

Supreme Court of Colorado

Decided December 18, 1989No. 88SC418Published

1DissentJustice Lohr

This case presents the issue of whether a release of liability signed by the plaintiff, Roane Simkin, was effective to absolve the defendant, Heil Valley Ranch, Incorporated (Heil Valley), from liability for any negligence or breach of warranty in connection with the rental of a horse to the plaintiff for a recreational ride. The majority opinion holds that the release was clear and unambiguous, and that it was effective to release Heil Valley from liability for the injury suffered by Simkin when the horse she had rented reared and fell backward on her. The majority opinion therefore reverses…

2Cases cited6 opinions

  1. Jones v. DresselSupreme Court of Colorado · 1981
  2. O'CONNELL v. Walt Disney World CompanyDistrict Court of Appeal of Florida · 1982
  3. Barker v. Colorado Reg.-Sports Car Club of Am., Inc.Colorado Court of Appeals · 1974
  4. Nunes Turfgrass, Inc. v. Vaughan-Jacklin Seed Co.California Court of Appeal · 1988
  5. Falkner v. Hinckley Parachute Center, Inc.Appellate Court of Illinois · 1989

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