DULLMAIER v. XANTERRA PARKS & RESORTS

Nos. 16-8017, 16-8049.

883 F.3d 1278 (2018)

Therese DULLMAIER, as the Wrongful Death Representative of Karl-Heinz Phillip Dullmaier, Plaintiff-Appellant, v. XANTERRA PARKS & RESORTS; John Does, I-IV, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Filed February 27, 2018.


Attorney(s) appearing for the Case

Gerard R. Bosch and Mary Alison Floyd , Law Offices of Jerry Bosch, LLC, Wilson, Wyoming, for Plaintiff-Appellant.

Aaron P. Bradford , Bradford, Ltd, Denver, Colorado, David R. Fine , and Maxwell N. Shaffer , Holland & Knight, LLP, Denver, Colorado, for Defendants-Appellees.

Before BRISCOE, HARTZ, and HOLMES, Circuit Judges.


A Wyoming statute provides that "[a]ny person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity." WYO. STAT. ANN. § 1-1-123(a). It also states that "providers" of such opportunities have no duty "to eliminate, alter or control the inherent risks...

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