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BERLANGIERI v. RUNNING ELK CORP.

No. 27,492.

76 P.3d 1098 (2003)

134 N.M. 341

2003-NMSC-024

Nicholas J. BERLANGIERI and Carol Berlangieri, Plaintiffs-Respondents, v. RUNNING ELK CORPORATION and Second Running Elk Corporation, d/b/a The Lodge at Chama, Defendants-Petitioners.

Supreme Court of New Mexico.

August 28, 2003.

Attorney(s) appearing for the Case

Bingham, Hurst, Apodaca, Wile & Schoen, Wayne E. Bingham, Albuquerque, NM, Butt, Thornton & Baehr, P.C., Emily A. Franke, Michael P. Clemens, Albuquerque, NM, for Petitioners.

John R. Tiwald, Clara Ann Bowler, Albuquerque, NM, for Respondents.

Michael B. Browde, Carpenter & Chavez, William H. Carpenter, Albuquerque, NM, for Amicus Curiae New Mexico Trial Lawyers Association.

McClaugherty & Silver, P.C., Joe L. McClaugherty, Kate LaMothe, Albuquerque, NM, for Amici Curiae New Mexico Ski Area Operators Association, Albuquerque International Balloon Fiesta, Inc., Alpine Sports, Inc., High Desert Anglers, Triclub New Mexico, Sportz Outdoor, Inc., New Mexico Winter Sports Alliance, Sports Systems, New Mexico Activities Association, New Mexico River Outfitters Association, Albuquerque Bicycle Center, Tourism Association of New Mexico, Albuquerque Convention and Visitors Bureau, and Ski New Mexico.

OPINION

MINZNER, Justice.

{1} Petitioners Running Elk Corp. and Second Running Elk Corp. (Running Elk) petitioned this Court to review an opinion of the Court of Appeals, which held that a liability release signed by Respondent Nicholas Berlangieri was unenforceable. See Berlangieri v. Running Elk Corp., 2002-NMCA-060, ¶ 22, 132 N.M. 332, 48 P.3d 70, cert. granted, 132 N...

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