This section contains the nature of the case and procedural background.

P bought an ATV and were offered a $50 rebate upon completion of an ATV rider safety class. P attended an ATV rider safety class held on the property of P. James Croak instructed the class and requested that all participants sign a consent form and release. P signed the consent form and release. During the class, P drove her ATV through high grass beyond a cone marking the course. Her vehicle rolled up on a rock protruding from the ground in the high grass. P was thrown from her vehicle suffering injuries as a result. P sued Ds. She alleged that the Ds negligently failed to provide a safe ATV rider training course and location, and negligently concealed the fact that the course was unsafe. Ds sought summary judgment based on the release signed by P before the class. P presented a transcript of a telephone conversation between an investigator hired by her attorney and Michael Swan, a former ATV Safety Institute instructor. In this telephone conversation, Swan indicated that he had chosen not to teach an ATV rider course at D's location because he found the location inappropriate. The judge denied the motion for summary judgment. The court relied upon a theory of material nondisclosure by D. Swan died. On a subsequent motion for summary judgment, the superior court granted summary judgment to Ds. The superior court entered final judgment for $32,817.56 fees and costs to Hartley Motors and $21,049.12 fees and costs to ATVSI. P appealed.

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