Soraghan v. Mt. Cranmore Ski Resort, Inc.

881 A.2d 693, 152 N.H. 399, 2005 N.H. LEXIS 108
CourtSupreme Court of New Hampshire
DecidedJune 24, 2005
DocketNo. 2004-726
StatusPublished
Cited by28 cases

This text of 881 A.2d 693 (Soraghan v. Mt. Cranmore Ski Resort, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Soraghan v. Mt. Cranmore Ski Resort, Inc., 881 A.2d 693, 152 N.H. 399, 2005 N.H. LEXIS 108 (N.H. 2005).

Opinion

DUGGAN, J.

The plaintiff, Maureen Soraghan, appeals an order of the Superior Court (O’Neill, J.) granting summary judgment to the defendant, Mt. Cranmore Ski Resort, Inc. We reverse and remand.

In January 2000, the plaintiff attended a youth ski meet at Mt. Cranmore Ski Resort in which her daughter was participating. Her daughter’s ski club paid $2,071.58 to reserve the property for the special meet and her daughter paid $55 to participate. The plaintiff was both a spectator and a volunteer at the ski race and did not pay a fee to attend. While walking between two buildings on the way to her car to retrieve her ski equipment, she fell in a crevasse and severely injured her knee. The [401]*401plaintiff brought suit alleging that the defendants failed to properly maintain the property. The trial court granted the defendant’s motion for summary judgment, ruling that the defendant was not liable under the recreational use statute, RSA 508:14 (1997), because “the plaintiff was on the defendant’s property on the day of her injury to be a spectator for her daughter’s ski race” and “did not pay any consideration for that activity.” This appeal followed.

When reviewing a trial court’s grant of summary judgment, we consider the affidavits and other evidence, and all inferences properly drawn from them, in the light most favorable to the non-moving party. Estate of Joshua T. v. State, 150 N.H. 405, 407 (2003). If our review of the evidence does not reveal any genuine issue of material fact, and if the moving party is entitled to judgment as a matter of law, we will affirm the trial court’s decision. Id.

On appeal, the plaintiff argues that RSA 508:14 does not apply to private landowners who are engaged in the business of recreational activities for profit and customarily charge for access to their land. The defendant argues that the statute and case law does not distinguish between commercial and non-commercial properties and, thus, RSA 508:14 does apply. The defendant argues in the alternative that, even if we hold that RSA 508:14 does not apply, it is entitled to summary judgment under RSA 212:34 (Supp. 2004). We address each argument in turn.

The question before us is one of statutory interpretation. We are the final arbiter of the intent of the legislature as expressed in the words of the statute considered as a whole. In the Matter of Jacobson & Tierney, 150 N.H. 513, 515 (2004). We first examine the language of the statute, and, where possible, we ascribe the plain and ordinary meanings to the words used. Id. When statutory language is ambiguous, we examine the statute’s overall objective and presume that the legislature would not pass an act that would lead to an absurd or illogical result. Marceau v. Concord Heritage Life Ins. Co., 149 N.H. 216, 220 (2003). Our goal is to apply statutes in light of the legislature’s intent in enacting them, and in light of the policy sought to be advanced by the entire statutory scheme. State v. Whittey, 149 N.H. 463, 467 (2003). We review the trial court’s interpretation of a statute de novo. Remington Invs. v. Howard, 150 N.H. 653, 654 (2004).

Statutes in derogation of the common law are to be interpreted strictly. Sweeney v. Ragged Mt. Ski Area, 151 N.H. 239, 241 (2004). While a statute may abolish a common law right, there is a presumption that the legislature has no such purpose. Id. If such a right is to be taken away, it must be expressed clearly by the legislature. Id. Accordingly, immunity [402]*402provisions barring the common law right to recover are to be strictly construed. Id.

RSA 508:14,1, provides in pertinent part:

An owner, occupant, or lessee of land, including the state or any political subdivision, who without charge permits any person to use land for recreational purposes or as a spectator of recreational activity, shall not be liable for personal injury or property damage in the absence of intentionally caused injury or damage.

We have recently addressed the applicability of RSA 508:14,1, to private landowners who permit the private recreational use of their land. Estate of Gordon-Couture v. Brown, 152 N.H. 265 (2005). In Gordon-Couture, we recognized that the Committee of State Officials on Suggested State Legislation of the Council of State Governments explained the purpose behind the model act as follows:

Recent years have seen a growing awareness of the need for additional recreational areas to serve the general public. The acquisition and operation of outdoor recreational facilities by governmental units is on the increase. However, large acreages of private land could add to the outdoor recreational resources available. Where the owners of private land suitable for recreational use make it available on a business basis, there may be little reason to treat such owners and the facilities they provide in any way different from that customary for operators of private enterprises. However, in those instances where private owners are willing to make their land available to members of the general public without charge, it is possible to argue that every reasonable encouragement should be given to them.

Id. at 268 (quotation omitted); Committee Of State Officials On Suggested State Legislation, XXIV Suggested State Legislation 150 (1965) (hereinafter SUGGESTED STATE LEGISLATION). In light of this purpose, we narrowly construed RSA 508:14,1, to provide immunity when private landowners permit members of the general public to use their land for recreational purposes. Estate of Gordon-Couture, 152 N.H. at 271. In doing so, we joined numerous other States that have interpreted statutes similar to RSA 508:14 to effectuate the purpose of recreational use statutes: to encourage public recreational use of privately-owned land. Id. at 270.

[403]*403 We construe RSA 508:14, 1, to effectuate its purpose. For immunity to apply, the statute requires that private landowners allow any person as a member of the general public to use their land. See id. at 271. The statute also requires that the landowner do so “without charge.” RSA 508:14, I. Where the landowner customarily charges for access to its recreational facilities, the property is not being held open without charge to any member of the general public for recreational use. Cf. Conant v. Stroup, 51 P.3d 1263, 1265 (Or. Ct. App. 2002). Indeed, it would not further the purpose of the statute to limit the liability of a private landowner where an individual is on the premises for a purpose related to the landowner’s business for which the landowner customarily charges. See Suggested State Legislation, supra at 150. Thus, the inquiry is not whether any single person was not charged to use the land for recreational purposes. See Kantner v. Combustion Engineering, 701 F. Supp. 943, 948 (D.N.H. 1988) (recognizing that “[c]ourts that have considered the ‘consideration’ issue in interpreting similar statutes have held that the consideration need not come from the ultimate user but it must be paid by someone so as to create access to the premises”); Smith v. Cutty’s Inc., 742 P.2d 847, 349 (Colo. Ct. App. 1987). Rather, the inquiry is whether the injured entrant was on the property for a purpose related to the landowner’s business for which the landowner customarily charges. See Smith,

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Bluebook (online)
881 A.2d 693, 152 N.H. 399, 2005 N.H. LEXIS 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soraghan-v-mt-cranmore-ski-resort-inc-nh-2005.