Geringer V. Wildhorn Ranch, Inc

Name

Geringer v. Wildhorn Ranch, Inc.

Procedural History

Jury came to verdict in favor of plaintiff, the case was then brought to District Court

Facts

The widow and the mother of resort guests who passed away in a boating accident brought action against the resort, its owners, and other employees. William and Jared Geringer passed away during a boating accident on a lake at the resort. This resort offered paddleboating as one of the recreational activites.

M.R. Watters was the original owner of the ranch but claimed to have deeded the ranch over to Wildhorn Ranch, Inc. Les Bretzke was an independent contractor who was in charge of repair and construction services at the resort.

It was found that Wildhorn Ranch, Inc. was serving as the alter-ego of M.R. Watters. It was also found that all parties were negligent in this situation. The negligence apportioned the negligence as follows: 0% to Wildhorn Ranch, Inc. 70% to M.R. Watters, 20% to Les Bretzke, 5% to Diane Geringer, and 5% to William Geringer.

The defendants contended that the Colorado premises liability statue applied to the case rather than the common law simple negligence. The court however did not agree with this claim. Watters and Bretzke motioned for a new trial but were denied.

Issue

The claim that the individuals who passed away, died because of lack of negligence of the resort staff.

Holding/Decision

No

Rule

The case was ruled in favor of the plaintiffs.

Reasoning

It was found that M.R. Watters is liable to the plaintiffs for his own negligence and for that of the defendant Wildhorn Ranch, Inc.

Comments

As the owner of the company, Watters must always know what is going on with his company. It is his responsibility to know whether or not he actually signed his company over, and it is his responsibility to know about any liabilities that he may have with the equipment they provide to the guests.