Hardy v. Loon Mountain Recreation Corporation U.S. Court of Appeals, First Circuit
276 F.3d 18
January 8, 2002 Summary of Opinion Plaintiff Hardy was injured while hiking on Forest Service land that was managed by defendant corporation under a permit from the Department of Agriculture. Defendant claimed immunity under the New Hampshire recreational use statute and the trial court granted summary judgment in its favor for that reason. Text of Opinion Appellant Kathleen Hardy fell on a path at the top of Loon Mountain, breaking her leg. She claims that appellee Loon Mountain Recreation Corporation ("Loon Mountain" or "Loon") was responsible for her injury. The district court concluded that a New Hampshire recreational use statute immunized appellee from liability and thus granted summary judgment for the company. We affirm. I. Background Loon Mountain operates a recreational area on United States Forest Service land in Lincoln, New Hampshire, under a special use permit that gives the company a nonexclusive right to offer recreational programs at the site. Loon's mainstay during the winter months is its operation of a ski area. In the summer, its activities include a gondola ride to the top of the mountain. The mountain peak houses sightseeing activities, a snack bar, and hiking paths. Under the terms of the Forest Service permit, visitors may hike and sightsee in the area without paying a fee. On August 2, 1998, appellant visited Loon Mountain with several companions. After entering the gondola house at the bottom of the mountain and reading information about the varied activities at the top, each member of appellant's group paid five dollars to ride Loon's gondola to the top of the mountain. Once they arrived at their destination, they saw a sign directing visitors to various activities. Loon did not charge admission fees for any of the activities offered at the mountain's crest. Appellant visited the snack bar and the glacial caves, and saw a live presentation by "the Mountain Man" (who regaled the visitors with tales of "folklore, legend, and local history"). Appellant accessed Loon's various activities on paths, bridges and wooden stairways constructed and maintained by Loon. Appellant fell and suffered her injuries on the way back to the gondola. | |
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