Liles v. Innerwork Inc.

Debra Liles was injured at a corporate retreat while participating in a “team-building” activity organized by Innerwork, Inc. Liles sued Innerwork, claiming gross negligence by its employees. The trial court granted summary judgment to Innerwork, concluding that Liles had assumed the risk of injury by participating in the activity. We agree with the trial court and affirm. We review a grant of summary judgment de novo, “giving the opposing party the benefit of all reasonable doubt and construing the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion.”1 So viewed, the evidence shows that as part of a retreat sponsored by her employer, Liles took part in a team-building program organized by Innerwork. She was assigned to a group led by Jay McLeod, an Innerwork employee. Liles executed a release relieving Innerwork of liability for any injury she might suffer unless that injury was caused by gross negligence or wilful misconduct.

After engaging in several other activities, Liles’ group was to perform an activity called “Over, Under, Through.” The group was placed in an imaginary box whose boundaries were indicated by stakes and strips of caution tape. Members of the group were to assist each other in getting out of the box. Liles had some concerns about the safety of this activity, but agreed to participate. She had declined to participate in at least two of the previous activities because she felt they could be dangerous.