Hanks v. Powder Ridge Restaurant Corp.
Connecticut Supreme Court
276 Conn. 314, 885 A.2d 734 (2005)
Powder Ridge Restaurant Corp. (defendant) operates a winter sports facility open to nearly all members of the public over a minimum age or height. Before snowtubing, Hanks (plaintiff) and other patrons were required to sign an agreement releasing Powder Ridge from liability for its own negligence. Hanks was injured while snowtubing and sued for negligence. The trial court granted Powder Ridge summary judgment, finding the release barred the claim as a matter of law. Hanks appealed, arguing the release was unenforceable as against public policy. (This entry merges two source presentations of the same case with different rule framings, one issued by the Connecticut Supreme Court and one attributed to the "Supreme Court of Connecticut" citing a parallel reporter for the same 885 A.2d 734 (2005) decision.)
Whether an exculpatory agreement releasing a snowtube operator from liability for its own prospective negligence is unenforceable as a violation of public policy.