Ralph v. Xanterra Parks & Resorts Inc

MOTION for Summary Judgment

D. Wyo.July 27, 2016

Maxwell N. Shaffer, Wyo. #7-5189 Holland & Knight LLP 633 17th Street Colorado Plaza Tower I, Suite 2300 Denver, Colorado 80202 Phone: (303) 974-6660 Fax: (303) 974-6659 Email: maxwell.shaffer@hklaw.com Attorney for Defendant UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING SUSAN M. RALPH, Plaintiff, v. XANTERRA PARKS & RESORTS, INC., A Delaware Corporation, Defendant. Case No. 15-CV-187 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Defendant Xanterra Parks & Resorts, Inc. (“Xanterra”), through its attorneys, Holland & Knight, LLP, submits its motion for summary judgment. 1. Xanterra files this motion for summary judgment under Fed. R. Civ. P. 56(a), and asks the Court to enter judgment in its favor as to the claim for relief stated in Plaintiff’s Complaint. 2. This matter arises out of Plaintiff’s participation in a snowcoach ride operated by Xanterra on February 15, 2014 in Yellowstone National Park. 3. Plaintiff Susan Ralph claims to have suffered injuries, including to her back, after the snowcoach encountered a hidden dip in the snow-packed surface of the road as the ride Case 2:15-cv-00187-SWS Document 11 Filed 07/27/16 Page 1 of 3 approached the Old Faithful Snow Lodge. Plaintiff subsequently filed this lawsuit to recover for those and other related injuries. 4. Summary judgment is appropriate on Plaintiff’s claim. Plaintiff cannot meet her burden of proof on breach of duty—an essential element of negligence. The factual and legal basis for this Motion is outlined in Defendant’s Brief in Support of Motion for Summary Judgment, which is incorporated herein by this reference, and filed this same date with the Court. 5. Plaintiff Susan Ralph cannot demonstrate that Xanterra breached any duty owed to her in relation to her alleged injuries. A claim of negligence is not sustainable “absent evidence that the defendant breached the duty by failing to exercise reasonable care.” Long v. Daly, 156 P.3d 994, 997 (Wyo. 2007). Because Plaintiff Susan Ralph cannot demonstrates that Xanterra breached a duty of care owed to her, Plaintiff’s negligence claim must fail. Id. 6. For the reasons articulated in Defendant’s Brief in Support of Motion for Summary Judgment, and this Motion, Xanterra asks that the Court enter summary judgment under Fed. R. Civ. P. 56(c), and enter judgment in its favor. WHEREFORE, Defendant Xanterra Parks & Resorts, Inc. moves this Court for an order entering summary judgment in its favor as to Plaintiff’s claim. Dated this 27th day of July, 2016. Respectfully submitted: HOLLAND & KNIGHT LLP By: /s/ Maxwell N. Shaffer Maxwell N. Shaffer, Wyo. #7-5189 633 17th Street Colorado Plaza Tower I, Suite 2300 Denver, Colorado 80202 Phone: (303) 974-6660 Fax: (303) 974-6659 Email: maxwell.shaffer@hklaw.com Attorney for Defendant Case 2:15-cv-00187-SWS Document 11 Filed 07/27/16 Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that on July 27, 2016, I served the foregoing MOTION FOR SUMMARY JUDGMENT with the Clerk of Court using the CM/ECF system which will send notification of this filing to the following via electronic mail: Gay Woodhouse, Esq. Nancy D. Mullin, Esq. Woodhouse Roden Nethercott, LLC 1912 Capitol Avenue, Suite 500 Cheyenne, Wyoming 82001 gay@wrnlawfirm.com Attorneys for Plaintiff /s/ Maxwell N. Shaffer Maxwell N. Shaffer Case 2:15-cv-00187-SWS Document 11 Filed 07/27/16 Page 3 of 3