Clearly, if I'm the plaintiff I'm arguing policy, and if I'm the defendant I'm arguing strict interpretation of the language (unless their ain't no language to interepret), and if I'm the judge I'm gonna see if I can push the case to settle. The case will probably go to MSJ and then to mediation. Only question is how much she gets.
Agreed.
According to one of the other posters, the DJs told a nurse who called in to tell them that it was dangerous, "We know, but we got releases. We're not responsible."
If you're a judge looking for a way to throw it out, the first question that comes to your mind is, "What did they know, and did they tell her everything they knew?"
If not, then the assumption of risk defense seems weaker.
Also, I wonder whether assumption of risk by this woman applies against her survivors. Probably so, I guess, since otherwise most of the ski resorts would be out of business.
The attorney for the plaintiff (father) will be on KFBK Sacramento - Tom Sullivans' talk show - shortly. I'll try to stay tuned and pass along whatever I'm able to get while I work.