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FARINA v. MT. BACHELOR, INC.

No. 94-35103.

66 F.3d 233 (1995)

Anthony FARINA, Plaintiff-Appellant, v. MT. BACHELOR, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 18, 1995.

Attorney(s) appearing for the Case

Lauren E. Jones, Jones Associates, Providence, RI, for plaintiff-appellant.

Howard G. Arnett, Karnopp, Petersen, Noteboom, Hubel, Hansen & Arnett, Bend, OR, for defendant-appellee.

Before: HUG and FERGUSON, Circuit Judges, and WILLIAM W SCHWARZER, District Judge.

FERGUSON, Circuit Judge:

Anthony Farina sued defendant, Mt. Bachelor, Inc., in tort for personal injuries suffered while skiing at Mt. Bachelor's facility. The district court had diversity jurisdiction over the case. The district court granted summary judgment in favor of Mt. Bachelor on the basis that the release clause which was in Farina's signed application for a season pass was enforceable. Farina appealed. We reverse and remand for trial.

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