Lutz v. Turner Broad. Sys., Inc.

187 F.Supp.3d 706

Sarah Lutz, Plaintiff,

v.Turner Broadcasting System, Inc., a Time Warner Company, a Delaware corporation; Hadley Media, Inc., a New Hampshire corporation, Defendants.

CIVIL ACTION NO. 1:15CV28

United States District Court, N.D. West Virginia.

Signed May 9, 2016.

Lance E. Rollo, Morgantown, WV, for Plaintiff.

Chanin W. Krivonyak, Linnsey Marie Amores, Law Offices of Chanin W. Krivonyak Subsidiary of The Hartford Financial Services, Inc., Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [DKT. NO. 33]

IRENE M. KEELEY, UNITED STATES DISTRICT JUDGE

Pending before the Court is the motion for summary judgment filed by the defendants, Turner Broadcasting System, Inc. ("TBS") and Hadley Media, Inc. ("Hadley") (collectively the "defendants") (dkt. no. 33). For the reasons that follow, the Court GRANTS the motion.

I. BACKGROUND

As it must, the Court construes the facts in the light most favorable to the plaintiff as the non-movant. SeeUssery v. Man s field, 786 F.3d 332, 333 (4th Cir.2015).

TBS provides television programming through one of its subsidiary stations, Cartoon Network, Inc. (dkt. no. 1-1 at 6). Among Cartoon Network's programming is a group of late night shows entitled "Adult Swim," which is geared toward adult viewers. Id. at 6–7. As part of its marketing campaign, TBS contracted with Hadley Media to organize and produce the Adult Swim Fun House Tour ("the Tour"), which visited ten college towns and hosted roughly 10,000 participants (dkt. no. 33-1 at 17). The Tour's centerpiece was a two-story, inflatable house-like structure (the "Funhouse") (dkt. no. 33-1 at 17). On April 26, 2014, Hadley set up the Funhouse near the Morgantown Mall in Morgantown, Monongalia County, West Virginia. Id. at 2.

The plaintiff, Sarah Leanne Lutz ("Lutz"), saw the Funhouse on her way to work and, after looking up the event online, decided to participate after her shift ended later that evening. Id. at 28.

Hadley required all persons seeking to participate in the Funhouse to register for the event, electronically sign a waiver releasing the defendants from liability, show proof that they were over eighteen years old, and obtain a wrist band (dkt. no. 33-1 at 17-18, 29). Before entering the Funhouse, the operators required Lutz to stop at two registration tables. At the first table, she provided her driver's license to confirm that she was over eighteen years of age, and, at the second table, she utilized a computer to access the registration and waiver forms through her Facebook account (dkt. no. 33-1 at 2-3). Although Lutz did not specifically recall registering for the event or signing a waiver, she remembered utilizing a computer before obtaining a wrist band for entry. Id. During her deposition, Lutz reviewed the "Participant Waiver and Release," confirming that her name, personal information, and signature were present on the electronic form (dkt. no. 33-1 at 29-30).

The Participant Waiver and Release included the following language:

You acknowledge and agree that the Funhouse contains design features and activities, which may not be suitable for certain individuals and/or which could cause personal injury or damage to personal property. ... PARTICIPATION IN THE Funhouse ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE FEATURES/ACTIVITIES MENTIONED ABOVE, CONTAIN CERTAIN INHERENT RISKS AND HAZARDS AND CAN RESULT IN DAMAGE TO YOUR PERSONAL PROPERTY AND/OR SERIOUS INJURY/DEATH TO YOU. YOU VOLUNTARILY ASSUME ALL RISK OF LOSS, DAMAGE AND/OR PERSONAL INJURY "INCLUDING DEATH" THAT YOU MAY SUSTAIN RESULTING FROM PARTICIPATING IN THE Funhouse ACTIVITY.... YOU AGREE AND COVENANT WITH ADULT SWIM THAT YOU SHALL NEVER SUE IT (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, VOLUNTEERS, REPRESENTATIVES, ATTORNEYS, SUCCESSORS, AFFILIATES, AND/OR ASSIGNS) (COLLECTIVELY, INDEMNIFIED PARTIES) IN EITHER A REPRESENTATIVE OR INDIVIDUAL CAPACITY, IN LAW OR EQUITY, AND YOU SHALL NEVER CAUSE A LAWSUIT TO BE BROUGHT AGAINST ANY OF THE INDEMNIFIED PARTIES FOR ANY CLAIMS, DEMANDS, RIGHTS, OR CAUSES OF ACTION WHATSOEVER ARISING FROM OR RELATING TO ANY KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, BODILY AND PERSONAL INJURIES, DEATHS, DAMAGE TO PROPERTY, OR CONSEQUENCES THEREOF WHICH RESULT FROM YOUR PARTICIPATION IN THE FUNHOUSE ACTIVITY REGARDLESS OF WHETHER THE INJURIES, DEATH, DAMAGE, OR CONSEQUENCES WERE CAUSED BY ANY ACTS OR OMISSIONS (WHETHER NEGLIGENT OR OTHERWISE) COMMITTED OR PERMITTED BY ANY OF THE INDEMNIFIED PARTIES OR BY YOU. YOU EXPRESSLY WAIVE AND RELINQUISH ANY CLAIM FOR NEGLIGENCE OR ANY OTHER CAUSE OF ACTION AGAINST ANY OF THE INDEMNIFIED

PARTIES BY YOU OR YOUR LEGAL REPRESENTATIVES, HEIRS, ASSIGNS, CHILDREN OR ANYONE CLAIMING BY OR THROUGH YOU, WHICH MIGHT ALLEGEDLY ARISE FROM YOUR PARTICIPATION IN THE FUNHOUSE ACTIVITY.

(Dkt. No. 33–1 at 4, 18). In addition, Hadley's project manager and event producer, Seth Bardake, provided an affidavit stating that there were notices posted throughout the Funhouse containing the following language:

NOTICE. PLEASE READ THIS BEFORE ENTERING THE FUNHOUSE AREA. IF YOU DON'T AGREE TO THESE TERMS, PLEASE DON'T ENTER! BY PARTICIPATING IN THIS ACTIVITY YOU ASSUME ALL RELATED RISKS AND YOU RELEASE TURNER BROADCASTING SYSTEM, INC. AND ITS CONTRACTORS/SUBCONTRACTORS FROM ALL LIABILITY, DAMAGE AND/OR INJURY/DEATH RELATED TO YOUR PARTICIPATION.

(Dkt. No. 33–1 at 18-19). Lutz, however, contends that she never saw any of the posted signs while she was in the Funhouse. Id. at 31.

After obtaining her wrist band, Lutz entered the Funhouse, where she encountered multiple rooms and a maze (dkt. no. 33-1 at 30-31). At one point, she asked a woman working inside the Funhouse which way the exit was located. The woman pointed her down a hallway, which led to a two-story inflatable slide by which to exit the Funhouse (dkt. no. 33-1 at 31). As she approached the slide, Lutz claims she intended to descend it in a seated position, but was instead instructed by Hadley's employee that she could not descend the slide in that manner (dkt. no. 33-1 at 32). Specifically, Lutz recounted that a male worker at the top of the slide told her that she could not simply sit and slide down, rather, she had to "do something crazy," like roll or flip down the slide (dkt. no. 33-1 at 32). Lutz conceded that, although the workers insisted she either roll or flip, no one physically touched her, and it was possible for her to have just slid down once she was seated atop the exit slide (dkt. no. 33-1 at 32-33).

Lutz began to roll down the slide and, during her first turn, felt her ankle snap while it was underneath her (dkt. no. 33-1 at 32). She stated that she felt three "pops" and then continued to roll to the bottom of the slide, where she yelled for help (dkt. no. 33-1 at 32). Lutz refused workers' requests to leave the area at the base of the slide because it was apparent to her that she had suffered significant injuries to her ankle (dkt. no. 33-1 at 32). Ultimately, Funhouse employees called emergency responders to the scene, where they treated Lutz, eventually transporting her to Ruby Memorial Hospital (dkt. no. 33-1 at 33-34). The following morning, Lutz underwent corrective surgery for her injuries; a dislocated ankle, a broken tibia, and a broken fibula (dkt. no. 33-1 at 34-35).

In her complaint, Lutz alleges that her injuries were caused by one of Hadley's employees insisting that she "descend the slide in a dangerous and unsafe manner not appropriate for someone to exit this slide nor in a manner in which [she] anticipated descending the slide" (dkt. no. 1-1 at 6). Furthermore, Lutz asserts that, although she originally intended to simply sit and slide down the exit, "[i]t was not until she was instructed by the Hadley Media employee to exit the slide in a dangerous manner that she actually did so" (dkt. no. 1-1 at 6). Lutz contends that the defendants' negligent operation and maintenance of the Funhouse was the direct and proximate cause of her injuries (dkt. no. 1-1 at 6).

On January 15, 2015, Lutz filed her complaint against the defendants in the Circuit Court of Monongalia County, West Virginia, asserting one count of negligence (dkt. no. 1-1). On February 18, 2015, the defendants removed the case to this Court based on diversity jurisdiction (dkt. no. 1).

On December 11, 2015, the defendants moved for summary judgment on Lutz's negligence claim, citing two bases (dkt. no. 33). They first argue that they are entitled to summary judgment because Lutz executed a valid waiver prior to entering the Funhouse, agreeing to release them from liability for any injuries that might result from her participation in the Funhouse. They next argue that, during her deposition, Lutz admitted she was the proximate cause of her own injuries when she explained that she decided to exit the Funhouse in a manner in which she did not feel comfortable. Id.

Lutz counters that there was no meeting of the minds between the parties prior to the execution of the waiver because she did not have enough time to read the electronic waiver, and it was not presented in a clear and concise manner (dkt. no. 34). Moreover, Lutz argues that she did not contemplate that a Funhouse employee would insist that she either flip or roll down the slide, nor did she anticipate exiting the slide in the manner in which she did. Id. Therefore, Lutz contends that, even had there been a meeting of the minds between the parties, the defendants' acts were outside the scope of the waiver. Id. Finally, Lutz disagrees that she was the proximate cause of her own injuries because she merely acquiesced to the employees' insistence that she flip or roll down the slide after believing she had no choice, and because no alternative exits were available to her. Id. at 7–8.

II. STANDARD OF REVIEW

Summary judgment is appropriate where the "depositions, documents, electronically stored information, affidavits...