DES MOINES, Iowa (Legal Newsline) – A man who was left to bash into a tree at full speed on a zip line can sue the ski resort where it occurred for willful, wanton or reckless conduct but not ordinary negligence, the Iowa Supreme Court ruled.
A waiver signed by Thomas Lukken can’t preclude his claims that Mt. Crescent Ski Area was reckless when it sent him down a zip line with no brakes, the court ruled on June 30. But it does protect Mt. Crescent from his negligence claims, and the court also shielded Challenge Quest – the maker of the braking system – from litigation.
“Lukken’s confusion about how reckless or wanton conduct falls within the scope of gross negligence doesn’t end the analysis in this case, however, because Lukken in his petition alleged that Mt. Crescent engaged in not only negligent conduct but also willful, wanton, and reckless conduct,” Justice Matthew McDermott wrote.
“We have long recognized separate grounds for tort liability based on these more culpable types of conduct.”
An employee at Mt. Crescent failed to reset the zip line’s braking system after the previous rider exited. Lukken had already taken off by the time the employee realized the mistake.
Lukken crashed into a wooden pool at the end of the zip line and broke his neck. Challenge Quest escaped liability because its system didn’t fail – the employee failed to operate it properly.
The Pottawattamie County District Court will now determine if the Mt. Crescent employee’s actions constitute recklessness.