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BAGLEY v. MT. BACHELOR, INC.

(CC 08CV0118SF; CA A148231; SC S061821).

340 P.3d 27 (2014)

356 Or. 543

Myles A. BAGLEY, individually, Petitioner on Review, and al bagley, individually; and Lauren Bagley, individually, Plaintiffs, v. MT. BACHELOR, INC., dba Mt. Bachelor Ski and Summer Resort, Respondent on Review, and John Does 1-10, Defendants.

Supreme Court of Oregon, En Banc.

December 18, 2014.

Attorney(s) appearing for the Case

Kathryn H. Clarke , Portland, argued the cause and filed the briefs for petitioner on review. With her on the briefs was Arthur C. Johnson.

Andrew C. Balyeat , Balyeat & Eager, LLP, Bend, argued the cause and filed the brief for respondent on review.

Michael J. Estok , Lindsay Hart, LLP, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

Kristian Roggendorf , Roggendorf Law LLC, Lake Oswego, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

The issue on review in this case is whether an anticipatory release1 of a ski area operator's liability for its own negligence in a ski pass agreement is enforceable in the face of an assertion that the release violates public policy and is unconscionable. Plaintiff suffered serious injuries while snowboarding...

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