![]() And the district court dismissed the claims against the zip line’s owner based on a liability waiver that Lukken signed before riding. The district court dismissed the claims against the zip line’s designer primarily based on the fact that the braking system that failed to stop Lukken had been completely replaced by a different supplier before the incident. He sued the zip line’s original designer and its owner. Lukken slammed into a wooden pole at the base of the zip line and fractured his neck. By the time the employee realized his mistake, it was too late. An employee at the end of the zip line had failed to reset the zip line’s braking system after the previous rider exited. Thomas Lukken stepped off an elevated platform and sped down a zip line at the Mt. What is confusing is Iowa does not recognize gross or willful and wanton negligence as a legal claim. The court also found that the release protecting the zipline operator would not protect the zipline operator from claims of greater than ordinary negligence. The plaintiff sued the original designer and installer of the zipline who had not designed or had anything to do with the new braking system that failed. Holding: Granted to specific defendants and reversed as to othersĪ zipline braking system was not reset before the plaintiff slammed into the end. Plaintiff Claims: Negligence and strict liability, and requesting punitive damages Crescent Ski Area, an unknown business entity Safehold Special Risk, Inc., an Illinois corporation Challenge Quest, LLC, an Oklahoma Corporation d/b/a Challenge Quest, LLC and Kirk Gregory Engineering, P.C., a Texas Corporation KG Structural Solutions, LLC, a Texas Corporation and Atlas Engineering, LLC, a Nebraska Corporation Crescent Ski Area Samantha Fleischer, individually and d/b/a Mt. However, case goes to trial based on plaintiffs’ claims of gross negligence, which do not exist under Iowa law? Crescent Ski Area, Negligence, Safehold Special Risk, zip line, Zipline | Leave a comment Posted: | Author: Recreation Law | Filed under: Iowa, Release (pre-injury contract not to sue), Zip Line | Tags: Iowa, Iowa Law, Mt. Iowa Supreme upholds release for injuries due to an accident on a zip line.
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