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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

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