The case of "Gregory D. Hanks v. Powder Ridge Restaurant Corporation et al." involves a negligence lawsuit filed by the plaintiff after sustaining injuries while snowtubing at the defendants' facility. The trial court granted summary judgment in favor of the defendants, citing a previous case that found the plaintiff had released the defendants from liability by signing an agreement. The plaintiff appealed, arguing that the agreement did not release the defendants from liability for negligence and that it violated public policy. The court concluded that an exculpatory agreement cannot release a party from liability for future negligence unless it expressly states so and that the agreement in question violated public policy. The court established that the determination of the parties' intent is a question of law. The case highlights the importance of proper safety measures and liability waivers in recreational activities.

The court found that the agreement in question was unenforceable as it violated public policy. The defendants did not offer additional protection against negligence at a reasonable cost, and the plaintiff had no bargaining power. The court recognized the public policy interest in promoting participation in recreational activities but also acknowledged the public policy interest in not making the public bear the costs of risks they cannot control. The Tunkl factors were used to determine whether the release agreement for snowtubing violated public policy, and the court found that it did. However, a dissenting opinion disagreed with the majority's decision.

The judge disagrees with the majority's decision that the release agreement for snowtubing violates public policy. The judge argues that other states have similar laws and that the lower court may have made a mistake in upholding the release. While some courts have upheld releases for negligence, others have concerns about releases without a gross negligence doctrine. The judge upholds the release in the snowtubing case.