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Snow-tubing negligence suit may proceed

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Perfect North Slopes in Lawrenceburg must answer a federal negligence lawsuit arising from a snow-tubing accident almost three years ago that resulted in a brain injury for a child who was 10 years old at the time, a judge ruled Friday.

District Judge Tanya Walton Pratt of the Southern District of Indiana denied a motion for summary judgment for Perfect North Slopes but dismissed from the lawsuit five individual snow-tubers who collided with the children who had tubed downhill before them. The suit is James Stephen Sauter and Piper Sauter, Individually and as the Natural Guardians of M.S., a minor v. Perfect North Slopes, Inc., et al., 4:12-cv-00027.

All of the parties had signed releases of liability, including the Sauters who signed on behalf of their children, before tubing. The Sauters asked the court to invalidate the release on public policy grounds, an issue Pratt declined to consider because she wrote that the Indiana Supreme Court hasn't addressed it.

But Pratt agreed with the Sauters that the language of the release doesn't contain a waiver of claims on behalf of minors and that it was ambiguous. “The release does not include a clear, unambiguous waiver of M.S.'s claim against Perfect North Slopes for its alleged negligence,” Pratt wrote in denying summary judgment and allowing the claim to proceed.
 

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  1. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

  2. Finally, an official that realizes that reducing the risks involved in the indulgence in illicit drug use is a great way to INCREASE the problem. What's next for these idiot 'proponents' of needle exchange programs? Give drunk drivers booze? Give grossly obese people coupons for free junk food?

  3. That comment on this e-site, which reports on every building, courtroom or even insignificant social movement by beltway sycophants as being named to honor the yet-quite-alive former chief judge, is truly laughable!

  4. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  5. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

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