Reference no: EM131228347

Jason Binghamton is a huge fan of the Montana State Teacher’s College (M.S.T.C.) men’s basketball team, nicknamed the “Flying Elk.” The M.S.T.C. team has enjoyed the best season in its 52-year history, and they are a favorite to win the Lewis and Clark League (L.C.L.) men’s basketball title. In fact, the team has advanced to the L.C.L. men’s basketball tournament championship, a contest against the Billings Technical College “Fighting Prairie Dogs.” Jason drives to the championship game at Lewis and Clark Stadium in Helena, Montana. He approaches the stadium parking lot, and pays the attendant $25 for parking; in return, the attendant hands Jason a parking stub. On the back of the stub is the following language: “Lewis and Clark Stadium and the city of Helena shall not be held liable in any way for loss of or damage to visitor’s property, including loss of or damage to automobiles parked in the stadium parking lot. In accepting this parking privilege, the patron agrees that he will hold harmless Lewis and Clark Stadium, and the city of Helena, for such damage.” Jason does not read the language on the parking stub; instead, he places the ticket on his dashboard, parks his car in area B1 of the lot, locks the car doors and puts his keys in his pocket, and heads to the stadium. By all accounts, the game is the proudest moment in the history of the Flying Elk. They defeat the Fighting Prairie Dogs 82 to 58, and Binghamton leaves the stadium ecstatic, knowing he attends a college of “winners.” Upon returning to his car, Jason’ happiness deflates to consternation and anger. His windshield has been shattered by a stuffed and mounted prairie dog that now lays upside-down in his driver’s seat, along with countless shards of broken glass. It is obvious to Jason that the “deed was done” by some disgruntled Fighting Prairie Dog fan, but that individual is probably well on his way back to Billings by now, and he will never be able to locate the criminal. Jason files suit against Lewis and Clark Stadium and the city of Helena, Montana, seeking to hold the defendants “jointly and severally” liable for the damage to his automobile. Will he win the lawsuit?