Solis v. Kirkwood Resort Co.

Opinion

MORRISON, J.

Mario (plaintiff) and Janelle Solis sued Kirkwood Resort Company (defendant, the true name of which is Kirkwood Mountain Resort, LLC), after a ski accident. The trial court granted defendant’s motion for summary judgment, finding plaintiff signed a release of negligence liability which embraced this accident, and that defendant owed no duty to plaintiff under the primary assumption of the risk rule. Plaintiff filed a timely notice of appeal from the ensuing judgment.

We conclude plaintiff established an ambiguity in the release and a jury could find it was not intended to…