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PEARCE v. UTAH ATHLETIC FOUNDATION

No. 20061030.

179 P.3d 760 (2008)

2008 UT 13

James PEARCE, Plaintiff and Appellant, v. UTAH ATHLETIC FOUNDATION, dba Utah Winter Sports Park, and Oscar Podar, a foreign individual or company, Defendants and Appellees.

Supreme Court of Utah.

February 12, 2008.

Attorney(s) appearing for the Case

Fred R. Silvester, Spencer C. Siebers, Salt Lake City, for plaintiff.

Phillip S. Ferguson, Karra J. Porter, Ruth A. Shapiro, Salt Lake City, for defendants.

PARRISH, Justice:

INTRODUCTION

¶ 1 In 2003, James Pearce suffered a back injury while riding a bobsled at the Utah Winter Sports Park in Park City, Utah. Pearce brought ordinary negligence and gross negligence claims against the Utah Athletic Foundation ("UAF"), which owns and operates the bobsled track. The district court granted summary judgment to UAF on the ordinary negligence claim because Pearce, prior to riding the bobsled, had signed a liability...

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