Casse Study

Name

Geringer v. Wildhorn Ranch, Inc. 706 F.Supp. 1442 D.Colo. 1988. December 14, 1988

Procedural History

The case was brought the court on the action of defendants for the resolution against the verdict, for pursuant trial based upon Federal Rules of Civil Procedure's Rule 59, and for revised decision. The court returned to a ruling on September 28, 1988, against defendants, because of the injuries that occurred at Wildhorn Ranch Resort in a boating accident. Keeping under consideration of the many issues that were raised by the defendants during the post-trial, during and before the trial, the court reviewed the decision. Furthermore, the Court reviewed the actions of the defendants both individually and collectively, based on which it concluded that there is neither need of neither a new nor an amended judgment of the trial against the verdict (Pollack, 2011).

Facts

The defendant, Mr. Walters was the original owner of the resort; though, Mr. Watters claimed that the ownership of the resort was given over to Wildhorn Ranch Inc. The claim included the current work status of Mr. Watters as the managerial advisor to the homeowners association, “time-share department”. Mr. Walters, son Davis and wife Doris were the three members of the Board of Directors of the company owned. The other defendant, Les Bretzke, was an independent contractor. He provided repair and construction services to the homeowners association and the Resort. Evidence showed that Mr. Bretzke played a major role in the daily operations of the Resort, because of his involvement in management meetings and controlling the employees of the resort. Additionally, Mr. Bretzke was involved in managing boat repairs for the Resort.

Issue

On August of 1986, the Geringer family was vacationing at the Wildhorn Ranch Resort. Jared and William Geringer drowned during a boating accident on a lake at the Ranch.

Holding/Decision

No

Rule

The jury found that all of the parties had been careless and that...