Judge Ted Stewart – Motion for Summary Judgment granted

MILNE, et al., Plaintiffs, vs. USA CYCLING INC., et al., Defendants.

Case No. 2:05-CV-675 TS

United States District Court for the District of Utah, Central Division

2007 U.S. Dist. LEXIS 42579

June 11, 2007

Judge Ted Stewart

This case stems from injuries sustained by Plaintiff Robert Milne, and fatal injuries sustained by Ben Hall, participants in the 2004 Tour of Canyonlands (“TOC”) mountain bike race, near Moab, Utah, as a result of a collision with a truck/trailer driven by Defendant Konitshek.

“Race Defendants” (USA Cycling, Inc., Cycle Cyndicate, Inc., and Eric Jean) organized, promoted, and conducted the race.

Plaintiffs stipulated that Mr. Hall and Mr. Milne knowingly and voluntarily executed a release agreement wherein they agreed to waive any and all claims, including those arising from Race Defendants’ own negligence, and release Defendants from all liability for injuries or death suffered while competing in the TOC race.

In short, the court granted the motion for summary judgment (due to the signed release) and dismissed the negligence, gross negligence, and wrongful death claims against the Race Defendants. Claims still remain against the driver of the vehicle.

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