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BAGLEY v. MT. BACHELOR, INC.

08CV0118SF; A148231.

310 P.3d 692 (2013)

258 Or. App. 390

Myles A. BAGLEY, individually, Plaintiff-Appellant, and Al Bagley, individually; and Lauren Bagley, individually, Plaintiffs, v. MT. BACHELOR, INC., dba Mt. Bachelor Ski and Summer Resort, Defendant-Respondent, and John Does 1-10, Defendants.

Court of Appeals of Oregon.

Decided September 5, 2013.

Attorney(s) appearing for the Case

Kathryn H. Clarke argued the cause for appellant. On the opening brief were Bryan W. Gruetter and Joseph S. Walsh. With her on the reply brief was Lisa T. Hunt.

Andrew C. Balyeat argued the cause for respondent. With him on the brief was Balyeat & Eager, LLP.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

SERCOMBE, J.

Plaintiff Bagley, after suffering serious injuries while snowboarding over a "jump" in defendant Mt. Bachelor, Inc.'s (Mt. Bachelor) "terrain park," brought this action alleging negligence in the design, construction, maintenance, or inspection of that jump.1 The trial court granted Mt. Bachelor's motion for summary judgment, which was based on the affirmative defense of release, and denied Bagley's cross-motion for partial...

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