Blide v. Rainier Mountaineering, Inc., 9474-2-I
| Decision Date | 15 June 1981 |
| Docket Number | No. 9474-2-I,9474-2-I |
| Citation | 30 Wn.App. 571,636 P.2d 492 |
| Parties | Richard BLIDE and Patricia Blide, husband and wife, Appellants, v. RAINIER MOUNTAINEERING, INC., a Washington Corporation, Respondent. |
| Court | Washington Court of Appeals |
Gerald G. Day, Seattle, for appellants.
Don Gulliford, Seattle, for respondent.
Plaintiff appeals from an order dismissing his action for injuries received while engaged in a mountain climbing seminar.
The defendant, Rainier Mountaineering, Inc. (RMI), operates a guide service on Mount Rainier and provides mountain climbing instruction. RMI employed the plaintiff, a physician specializing in internal medicine, to conduct the medical portion of a mountain climbing seminar. The plaintiff, who did not have any previous mountain climbing experience, also enrolled in the seminar as a student. While being lowered into a crevasse during the rescue practice on Mount Rainier, the plaintiff suffered a serious leg injury.
Before coming to the seminar, plaintiff filled out an application for participation as a student which contained a release and assumption of risk. The application was contained on one page and the release on another. When plaintiff sent the form to RMI, his letter of transmittal stated: "Enclosed you will find my signed release ..." At his deposition, he testified that he had signed the release but in fact he had not signed it, merely having filled in his name on the application portion. The text of the release is as follows:
I am aware that during the mountain trip, or other trim (sic ), that I am participating in under the arrangements of Rainier Mountaineering Inc., certain dangers may occur, including but not limited to, the hazards of traveling in mountainous terrain, accidents or illness in remote places, without medical facilities, and the forces of nature.
In consideration of, and as part payment for, the right to participate in such mountain trips or other activities and the services and food arranged for me by RMI I have and do hereby assume all the above mentioned risks and will hold them harmless from any and all liability, actions, causes of action, debts, claims, demands of every kind and nature whatsoever which may arise of or in connection with my trip or participation in any activities arranged for me by RMI. The terms thereof shall serve as a release and assumption of risk for my heirs, executor and administrators and for all members of my family, including any minors accompanying me. (Parent or legal guardian must also sign for all persons under 21 years of age.) We recommend that the summit climb not be attempted by anyone under 15 years of age.
Date:
Signature:
The plaintiff contends (1) that such a release should be void as against public policy, (2) lack of reference to negligence in the release renders it ineffective, (3) lack of specificity renders the release ineffective and not applicable to a risk or cause of injury not mentioned in the release, and (4) there were unresolved questions of fact as to whether plaintiff understood the release and agreed to its terms.
We find the case of Hewitt v. Miller, 11 Wash.App. 72, 521 P.2d 244 (1974), controlling with reference to the primary issues. "Absent some statute to the contrary, the...
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