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Hansen v. Horn Rapids O.R.V. Park

March 18, 1997

ROBERT HANSEN, APPELLANT,
v.
HORN RAPIDS O.R.V. PARK OF THE CITY OF RICHLAND; J.T. MCINTIRE & SONS CYCLE, INC., D/B/A SUNNYSIDE HONDA; PATRICK JAQUISH AND KAREN JAQUISH, HUSBAND AND WIFE AND THEIR MARITAL COMMUNITY D/B/A SQUISHER RACING, RESPONDENTS, RICHARD ROBB & JANE DOE ROBB, HUSBAND AND WIFE, AND THEIR MARITAL COMMUNITY, D/B/A TRI-CITY AID SERVICE, PAULA RIGGLE, DEFENDANTS.



Appeal from SUPERIOR COURT BENTON COUNTY. Superior Court No: 89-2-00980-1. Date filed in Superior Court: 5/12/95. Superior Court Judge signing: CAROLYN BROWN.

Petition for Review Denied October 7, 1997,

Author: Philip J. Thompson. Concurring: Frank L. Kurtz & Stephen M. Brown

The opinion of the court was delivered by: Thompson

THOMPSON, A.C.J. -- Robert Hansen appeals the summary dismissal of all remaining defendants in these consolidated claims arising from an accident during a motocross race at the City of Richland's Horn Rapids O.R.V. Park. We affirm the dismissals because we find no basis for holding the City or the race's promoter and sponsor liable for the acts of volunteer emergency medical personnel.

Mr. Hansen was injured when he lost control of his motorcycle during the Sunnyside Honda Fall Classic motocross race at Horn Rapids on November 9, 1986. Mr. Hansen was treated at the scene by volunteer emergency medical technicians, who he alleges removed his helmet improperly and exacerbated his injury. Mr. Hansen suffered a broken neck and is totally paralyzed below his waist and partially paralyzed from his shoulders to his waist.

At the time of the accident, Mr. Hansen was a 19-year-old professional motocross racer. He entered the race after receiving a flyer announcing at the top:

SQUISHER RACING PRESENTS

1986 SECOND ANNUAL

SUNNYSIDE HONDA

FALL CLASSIC

MOTOCROSS AND ATV RACES

The flyer used Sunnyside Honda's business logo and listed several other businesses that donated products. The bottom of the flyer included two telephone numbers to call for information; one was the business number for Sunnyside Honda, and the other was the home number for Pat Jaquish, a Sunnyside Honda employee who promoted the race under the name Squisher Racing. Sunnyside Honda received no money from the races, did not pay any employees to be involved in the race, and had no control over the race. Its only benefit was the advertising value of being the named sponsor of the race, which it received in return for donating a portion of the printing costs and some of the race prizes. Mr. Hansen called the Sunnyside Honda telephone number, spoke with an employee, and decided to travel to Richland for the race.

As a condition of a state grant, the City of Richland was required to maintain the Horn Rapids park in a condition "reasonably safe for public use." As part of this responsibility, the City required sponsors

to obtain and cover the cost of providing trained first aid personnel, equipment, and an aid vehicle or station during events. The purpose of this requirement is to provide accident victims with emergency treatment ...


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