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Bruntz v. Cotton Tail Hunt Club

An experienced hunter assumed the risk of his injuries when a tree limb broke while he was climbing up to a deer stand.

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Kent Bruntz sued the Cotton Tail Hunt Club after he fell out of a tree while climbing up to a deer stand. The trial court granted the hunt club’s motion for summary judgment, holding that Bruntz assumed the risk of falling and also holding that Bruntz had not shown that the hunt club had superior knowledge of any hazard. We agree and affirm. The underlying facts are undisputed. Bruntz was one of eight members of the Cotton Tail Hunt Club which leased land for hunting purposes. There were several deer stands on the land and Bruntz was injured when he fell while climbing up to one of the stands. Bruntz testified at his deposition that he was climbing up to the deer stand when he stepped on a tree branch approximately four inches in diameter. Bruntz said that he stood on the limb for 20 or 30 seconds before it broke. Bruntz did not know why the limb broke; he stated that it was a very hard limb and did not appear to be rotten. When asked if he thought it just broke under his weight, he responded, “that’s a possibility.” Bruntz also acknowledged that one of the members had used the same stand recently and recommended it to Bruntz.

Bruntz said that he had been a hunter and had used tree stands since 1989. He acknowledged that he understood and appreciated the danger associated with climbing trees, including the possibility that he could fall and be injured.

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