Raveson v. Walt Disney World Co., No. 5D00-2196

CourtFlorida District Court of Appeals
Writing for the CourtPETERSON, J.
Citation793 So.2d 1171
PartiesRobin RAVESON and Richard Raveson, Her Husband, Appellants, v. WALT DISNEY WORLD COMPANY, et al., Appellees.
Docket Number No. 5D00-2473., No. 5D00-2196
Decision Date14 September 2001

793 So.2d 1171

Robin RAVESON and Richard Raveson, Her Husband, Appellants,
v.
WALT DISNEY WORLD COMPANY, et al., Appellees

Nos. 5D00-2196, 5D00-2473.

District Court of Appeal of Florida, Fifth District.

September 14, 2001.


Bard D. Rockenbach of Sellars, Marion & Bachi, P.A., West Palm Beach, and Justus Reid and Laurence Huttman of Reid, Metzger & Associates, West Palm Beach, for Appellants.

John H. Ward and Suzanne D'Agresta of Brown, Ward, Salzman & Weiss, P.A., Orlando, for Appellee.

PETERSON, J.

Robin and Richard Raveson appeal a final summary judgment granted to Walt Disney World Company, et al. (Disney), in an action brought by the Ravesons for injuries received when the horse Robin was riding on at Disney's Fort Wilderness reared as she was dismounting. The Ravesons contend that Disney was negligent in failing to properly train the horse and the employees who supervised the ride.

Before Robin began the ride, she signed a release and indemnity agreement which specifically provided the following:

WARNING
UNDER FLORIDA LAW, AN EQUINE ACTIVITY SPONSOR, OR EQUINE PROFESSIONAL, IS NOT LIABLE FOR AN INJURY TO, OR THE DEATH OF, A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES1.
793 So.2d 1172
RELEASE AND INDEMNITY AGREEMENT
In consideration of the acceptance of my participation and/or the participation of my child or ward, in the renting of a horse from the Walt Disney World Company, and with the understanding that a horse may be startled by sudden movement, noise or other factors, and may shy suddenly, rear, stop short, bite, buck, kick or run with its rider, especially when the ride is conducted through a natural setting, as this ride will be, I AGREE TO ASSUME THE RISKS incidental to such participation including, but not limited to, those risks set out above, and, on my own behalf, on behalf of my child or ward, and on behalf of my child's or ward's heirs, executors and administrators, RELEASE and forever discharge the released parties defined below, of and from all liabilities, claims, actions, damages, costs or expenses of any nature, arising out of or in any way connected with my participation and/or the participation of my child or ward in such horseback riding and further agree to indemnify and hold each of the released parties harmless against any and all such liabilities, claims, actions, damages, costs or expenses, including, but not limited to, attorney's fees and disbursements. The released parties are the Walt Disney World Company and Lake Buena Vista Communities, Inc., their parent, related, affiliated and subsidiary companies, and the officers, directors, employees, agents, representatives, successors and assigns of each. I understand that this release and indemnity agreement includes any claims based on the negligence, actions or inaction of any of the above released parties and covers bodily injury and property damage, whether suffered by me, my child or ward before, during, or after such participation. I further authorize medical treatment for said child or ward, at my cost, if the need arises.

The trial court granted summary judgment to...

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12 practice notes
  • Sanislo v. Give Kids the World, Inc., No. SC12–2409.
    • United States
    • United States State Supreme Court of Florida
    • 12 Febrero 2015
    ...So.2d at 578 (citing Gayon v. Bally's Total Fitness Corp., 802 So.2d 420, 420–21 (Fla. 3d DCA 2001) ); Raveson v. Walt Disney World Co., 793 So.2d 1171, 1173 (Fla. 5th DCA 2001) ; cf. Univ. Plaza Shopping Ctr., Inc. v. Stewart, 272 So.2d 507, 509 (Fla.1973) (“ ‘A contract of indemnity will ......
  • Ucf Athletics Ass'n Inc. v. Plancher, No. 5D11–2710.
    • United States
    • Court of Appeal of Florida (US)
    • 6 Septiembre 2013
    ...away.” Id. (quoting Gayon v. Bally's Total Fitness Corp., 802 So.2d 420 (Fla. 3d DCA 2001)); see also Raveson v. Walt Disney World Co., 793 So.2d 1171 (Fla. 5th DCA 2001). A phrase in a contract is ambiguous when it is of uncertain meaning and may be fairly understood in more than one way. ......
  • UCF Athletics Ass'n Inc. v. Plancher, Case No. 5D11-2710
    • United States
    • Court of Appeal of Florida (US)
    • 16 Agosto 2013
    ...away." Id. (quoting Gayon v. Bally's Total Fitness Corp., 802 So. 2d 420 (Fla. 3d DCA 2001)); see also Raveson v. Walt Disney World Co., 793 So. 2d 1171 (Fla. 5th DCA 2001). A phrase in a contract is ambiguous when it is of uncertain meaning and may be fairly understood in more than one way......
  • Cain v. Banka, No. 5D05-3986.
    • United States
    • Court of Appeal of Florida (US)
    • 30 Junio 2006
    ...what he is contracting away. Gayon v. Bally's Total Fitness Corp., 802 So.2d 420 (Fla. 3d DCA 2001); Raveson v. Walt Disney World Co., 793 So.2d 1171 (Fla. 5th DCA This district has rejected the need for express language referring to release of the defendant for "negligence" or "negligent a......
  • Request a trial to view additional results
12 cases
  • Sanislo v. Give Kids the World, Inc., No. SC12–2409.
    • United States
    • United States State Supreme Court of Florida
    • 12 Febrero 2015
    ...So.2d at 578 (citing Gayon v. Bally's Total Fitness Corp., 802 So.2d 420, 420–21 (Fla. 3d DCA 2001) ); Raveson v. Walt Disney World Co., 793 So.2d 1171, 1173 (Fla. 5th DCA 2001) ; cf. Univ. Plaza Shopping Ctr., Inc. v. Stewart, 272 So.2d 507, 509 (Fla.1973) (“ ‘A contract of indemnity will ......
  • Ucf Athletics Ass'n Inc. v. Plancher, No. 5D11–2710.
    • United States
    • Court of Appeal of Florida (US)
    • 6 Septiembre 2013
    ...away.” Id. (quoting Gayon v. Bally's Total Fitness Corp., 802 So.2d 420 (Fla. 3d DCA 2001)); see also Raveson v. Walt Disney World Co., 793 So.2d 1171 (Fla. 5th DCA 2001). A phrase in a contract is ambiguous when it is of uncertain meaning and may be fairly understood in more than one way. ......
  • UCF Athletics Ass'n Inc. v. Plancher, Case No. 5D11-2710
    • United States
    • Court of Appeal of Florida (US)
    • 16 Agosto 2013
    ...away." Id. (quoting Gayon v. Bally's Total Fitness Corp., 802 So. 2d 420 (Fla. 3d DCA 2001)); see also Raveson v. Walt Disney World Co., 793 So. 2d 1171 (Fla. 5th DCA 2001). A phrase in a contract is ambiguous when it is of uncertain meaning and may be fairly understood in more than one way......
  • Cain v. Banka, No. 5D05-3986.
    • United States
    • Court of Appeal of Florida (US)
    • 30 Junio 2006
    ...what he is contracting away. Gayon v. Bally's Total Fitness Corp., 802 So.2d 420 (Fla. 3d DCA 2001); Raveson v. Walt Disney World Co., 793 So.2d 1171 (Fla. 5th DCA This district has rejected the need for express language referring to release of the defendant for "negligence" or "negligent a......
  • Request a trial to view additional results

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