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HAWKINS EX REL. HAWKINS v. PEART

No. 20000562.

37 P.3d 1062 (2001)

2001 UT 94

Jessica HAWKINS, by and through her guardians, Brian and Melinda HAWKINS, Plaintiff, Appellant, and Cross-Appellee, v. Blair PEART, dba Navajo Trails, Defendant, Appellee, and Cross-Appellant.

Supreme Court of Utah.

Rehearing Denied January 9, 2002.

Attorney(s) appearing for the Case

Brian S. King, Salt Lake City, for plaintiff.

James W. Jensen, Matthew T. Graff, Salt Lake City, for defendant.

DURRANT, Justice:

¶ 1 Defendant Navajo Trails required plaintiff Jessica Hawkins's mother to sign a release form prior to allowing Hawkins to ride one of its horses. The release form contained a waiver of liability and an indemnity provision. The district court invalidated the waiver provision on public policy grounds, but upheld the indemnity provision. Hawkins appeals the district court's decision upholding the indemnity clause, and Navajo Trails cross-appeals...

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