Woody v. Pembina County Annual Fair & Exhibition Association

Audra Woody attended a fireworks display at the Pembina County Fair in Hamilton, N.D. The Fair is a non-profit and tax-exempt corporation. The Fair offered a fireworks display to the public free of charge. Woody did not pay a fee for entry onto the fairgrounds or for any activity she engaged in at the fairgrounds. While looking for a seat to watch the fireworks, Woody stepped on a rotten board in the grandstand, fell to the ground and suffered personal injuries. Woody sued the Fair alleging she sustained serious bodily injury due to the Fair's negligence and maintenance of the grandstand. The parties stipulated to the facts of the case and the Fair moved to dismiss the complaint, alleging no genuine issues of material fact existed. The district court granted summary judgment for the Fair, finding it was protected from liability by recreational use immunity under N.D.C.C. ch. 53-08. Woody appealed. Woody argued the district court erred granting summary judgment because it misapplied North Dakota's recreational use immunity statutes. Woody alleged the Fair was not entitled to immunity because the Fair was engaged in commercial, rather than recreational purposes. Finding no reversible error in the trial district court's judgment, the Supreme Court affirmed. View "Woody v. Pembina County Annual Fair & Exhibition Association" on Justia Law