Geringer V. Wildhorn Ranch, Inc: Case Study

Foster Artlip
Prof. Little
Name:
Geringer V. Wildhorn Ranch, Inc
Civ. A. No. 87-F-1213 (Dec. 14, 1988)

Facts:
William Geringer and Jared Geringer drowned in a boating accident while attending Wildhorn Ranch resort. Diane Geringer who is the surviving widow and mother of the resort guests who died in the boating accident brought action against the resort, M.R. Watters and Les Bretzke.

Paddleboating was one of the activities offered at the resort. During the trial one of the main focuses for the plaintiff was the upkeep of these paddleboats. Repairs were made a short time before the accident occurred and the plaintiff argued the defendents knowledge of the leaks located in the boat which caused the boats to be prone to filling with water and become unstable.

The Defendents argued comparative or contributory negligence because the Geringers took out a secured boat while acting unreasonably by not wearing life vests.

Issue:
Was one or both of the parties negligent in this case?

The apportioned negligence decided by the jury is 0% to Wildhorn Ranch, Inc., 70% to M.R. Watters, 20% to Les Bretzke, 5% to Diane Geringer and 5% to William Geringer. The jury decided that Wildhorn Ranch was the Corporation alter-ego of M.R. Watters and charger all of Wildhorn Ranch’s negligence to him.

Reasoning:
The court found the defendants who provided a paddleboat for an activity are required to make sure that the paddleboat provided to the user is not defective and in working condition. The defendant’s paddleboats were defective when provided to the Geringers causing the defendants to be found negligent.
The Geringers were found negligent because they chose to use paddleboats without proper life vest protection.

Disposition:
The court affirmed the owners of Wildhorn Ranch to have been negligent leading to the death of William and Jared Geringer.