Moore v. Hartley Motors Brief PDF

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The case brief of Moore v. Hartley Motors...

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Moore v. Hartley Motors Issue Whether the defendants were excused from liability when the plaintiff was exposed to danger unrelated to the inherent risks of activity (the layout of the ATV course). Rule A signed waiver and release form does not preclude liability for negligence where the danger was unrelated to the inherent risks of the activity, and where the danger could have been mitigated through the exercise of reasonable care. Facts The Moores (P) purchased a Suzuki ATV from Artic Cat Motor Sports. At the time of the sale, the clerk offerd the Moores a $50 rebate if they completed an ATV rider safety course. Later that year, the Moores enrolled in the safety course held on the property of Hartley Motors (D). When they enrolled, the Moores were required to sign a waiver/release from liability form. Croak (D) used the curriculum of the ATV Safety Institute to teach the course. During the class, Gayle Moore was thrown from her ATV and suffered injuries when it struck a large rock hidden behind tall grass on the course. The Moores brought suit against Hartley Motors for negligently failing to provide a safe ATV training course/location. The trial court granted the defendant motion for summary judgement. The Moores appealed. Holding The court held that the signed waiver and release does not preclude liability for negligence where the danger was unrelated to the inherent risks of the activity, and where the danger could have been mitigated through the exercise of reasonable care. Reasoning The waiver the Moores signed excused liability from all those involved in the safety course. The waiver did not mention releasing the defendants from liability resulting from general or ordinary negligence unrelated to the inherent risks involved in riding an ATV. Here, Gayle was injured when she fell off her ATV after riding over a rock obscured by tall grass. The layout of the safety course may be actionable if the course posed a risk beyond the inherent risks of off-road ATV riding. Here, the Moores presented sufficient evidence that could support a finding that the ATV safety course was laid out in an unnecessarily dangerous manner, undetectable to novice ATV riders. Consequently, the trial court erred in granting summary judgment to the defendants....