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ANDERSON v. EBY

No. 91-1291.

998 F.2d 858 (1993)

Debra K. ANDERSON, Plaintiff-Appellant, v. William R. EBY; Cheri Eby; Jane Doe, whose true name is unknown; Wilderness Adventures, Ltd., a suspended corporation doing business as Mountain Meadow Tours, Ltd., doing business as Lost Lake Lodge and Resort, Ltd., doing business as Rendezvous Outfitters and Guides, Ltd., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 9, 1993.

Attorney(s) appearing for the Case

Norman R. Mueller of Haddon, Morgan & Foreman, P.C., Denver, CO (Jim Levanthal of Leventhal & Bogue, P.C., with him on the briefs), for plaintiff-appellant.

Christina M. Habas of Watson, Nathan & Bremer, P.C., Denver, CO, for defendants-appellees.

Before McKAY, Chief Judge, SETH and BRORBY, Circuit Judges.

McKAY, Chief Judge.

During a snowmobile trip organized by Defendants in Crested Butte, Colorado, in February 1990, Plaintiff's snowmobile crashed, and she suffered major injuries. She brought this diversity action, claiming that the crash resulted from Defendants' negligence.

Defendants moved for summary judgment, claiming that a release Plaintiff signed absolved them of any liability for their alleged negligence. The release stated, in pertinent part:

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