Donahue v. Ledgends, Inc.

Claire Donahue broke her tibia during a class at the Alaska Rock Gym after she dropped approximately three to four-and-a-half feet from a wall onto the floormat. Before class, Donahue had been required to read and sign a document that purported to release the Rock Gym from any liability for participants’ injuries. Donahue brought claims against the Rock Gym for negligence and violations of the Uniform Trade Practices and Consumer Protection Act (UTPA). The Rock Gym moved for summary judgment, contending that the release barred the negligence claim. It also moved to dismiss the UTPA claims on grounds that the act did not apply to personal injury claims and that Donahue failed to state a prima facie case for relief under the act. Donahue cross-moved for partial summary judgment on the enforceability of the release as well as the merits of her UTPA claims. The superior court granted the Rock Gym’s motion and denied Donahue’s, then awarded attorney’s fees to the Rock Gym under Alaska Civil Rule 82. Donahue appealed the grant of summary judgment to the Rock Gym; the Rock Gym also appeals, contending that the superior court should have awarded fees under Alaska Civil Rule 68 instead of Rule 82. After review, the Supreme Court affirmed the superior court on all issues. View "Donahue v. Ledgends, Inc." on Justia Law