Tech CEO suing Everest Guide over not summiting

[evdog]

Would the guide even have the authority to enter/modify an oral contract on behalf of his company? I would think if not, it would not be enforceable.

[altasnob]

Garrett Madison, the guide, is the owner of Madison Mountaineering. But even if that were not the case, it is possible for agents to do acts that bind the principle.

[Deebased]

It sounds like you read maybe the first paragraph of the article. for one
“Madison called them a ‘team of hard core dudes,’” says Bookman, whose own résumé includes climbs of Denali, Aconcagua, Antarctica’s Mount Vinson, and unguided climbs of Mount Rainier.

and for 2 I believe later it says Bookman was the one who was invited. Doesn't sound like a "rich dude with no experience" to me...

Now, I don't know that his suit holds merit, since he's basing his suit not off the serac, but off others in the group inability to make the summit. Also it was claimed he was told both at base camp and at his home that he would receive at least some sort of refund. Now if anyone else thats willing to testify was in the room at that time?? Well....

Bookman is a good dude, gets out and rips as hard as any of the clowns in this place.

Of course he clerked for the 9th circuit so I'm guessing he's well aware of his suit's merit.

[GoldMember]

This is an interesting side bit on Bookman. Turns out that his company is partly owned by Thrive Capital, a venture capital firm run by Jared Kushner's brother, Joshua. Bookman has a pretty interesting resume', too. Yale law graduate plus MPA from Harvard Kennedy School. Sounds like a true blue blood.

[Toadman]

Its a double edged sword... the "industry" promotes its self and grows, so all the hard core bros who 'belong' can get jobs and pay the bills while they get at it... in turn equipment gets better (making things more accessible), people buy more shit because the industry tells them "this action sport is cool" .... in turn even more legit folks get even more employment and even more yahoos pollute the ecosystem.

Damn that capitalism!

[altasnob]

This is an interesting side bit on Bookman. Turns out that his company is partly owned by Thrive Capital, a venture capital firm run by Jared Kushner's brother, Joshua. Bookman has a pretty interesting resume', too. Yale law graduate plus MPA from Harvard Kennedy School. Sounds like a true blue blood.

Jared Kush is former owner of Thrive. So not too coincidental that Bookman was invested to White House tech summit in '17. Only small company CEO to be invited. And while his company provides software to governments, so far, they only work with city and state governments, and not federal government (yet). Cronyism at its finest.

[altasnob]

Lots of additional details here

https://www.geekwire.com/2020/seattl...est-climb/amp/

[MiddleOfNight]

I find it hard to believe Madison would have promised a refund in any capacity. Most expedition costs don't go away or even change that much under these circumstances.
None of the permit fees are refundable, the cook and staff, the food, fuel, facilities rental, the Sherpas still get paid, Madison was still on the mtn waiting the whole time, etc. You may get a little money back for the unused O's but not much.

If this is really just a cash back 'you broke your promise' vs 'I never promised' type of lawsuit? It would seem the burden of proof is on Bookman - so like Sdog and altaS said, I bet he'd need some serious support in testimony.

Should be interesting to hear what happens if Bookman refiles in WA.

If Madison really offered Bookman a spot on another expedition? That'd be a pretty dang generous offer. I haven't ever heard of anything like that.

[Kinnikinnick]

Bookman is a good dude, gets out and rips as hard as any of the clowns in this place.

Of course he clerked for the 9th circuit so I'm guessing he's well aware of his suit's merit.

And sues for refunds for peaks not summited despite the costs already sunk for a low margin business like guiding. Yeah sounds like a great guy.

Sent from my iPhone using TGR Forums

[muted]

The article is annoying click bait because of course is going to piss anyone off that reads it. But I hope Madison gets sympathy bookings from this dumb ordeal.

[stealurface831]

But I hope Madison gets sympathy bookings from this dumb ordeal.

He probably will. All publicity is good publicity.

[XXX-er]

Bookman is a good dude, gets out and rips as hard as any of the clowns in this place.

Of course he clerked for the 9th circuit so I'm guessing he's well aware of his suit's merit.

Isnt " good dude who sues his guide for not sumiting everest " an oxymoron ?

[altasnob]

Madison has pre-emptively refiled the case in King County, WA. He is still the "defendant" but is asking a King County judge to preclude Bookman from ever filing the case against him (his lawyer aint fucking around). This could get interesting. If Madison wins, the judge will likely award Madison attorney fees. The complaint is at the end of the geekwire article. The complaint includes the waiver Bookman signed as well as a demand letter Bookman sent prior to filing the law suit. He was asking for $50,000 to not file the law suit. I can view King County case dockets, but I have to pay money to view the actual documents. Here is the docket:

[stealurface831]

Isnt " good dude who sues his guide for not sumiting everest " an oxymoron ?

I would say that it is.

[Wapow]

It's unlikely that Madison would be granted attorneys' fees, unless their contract calls for that. Normally, a waiver for a guide service will include an indemnity that provides full coverage for the guide company against suits. I doubt Madison's waiver had such a clause, because it would have likely eliminated the possibility of this suit. The contract also seems to be missing other activity waiver "best practices", e.g., mandatory arbitration, non-disparagement clause, etc. Zachary is a lawyer and ceo, so he knows that even a suit that likely won't win on the merits is worth filing if it gets you the settlement you are looking for (notwithstanding that it makes you look like the a-hole you truly are). Anecdotally, I've been working in tech companies for over 20 years now and I've yet to work with or meet a tech CEO who would balk at taking this approach.

[old goat]

I wonder if the serac was still up there this spring. I wonder if there was a climbing season this spring.

[dunfree]

That’s some vintage Raj rage

letter that the Sherpas hired by Madison’s company, Madison Mountaineering, were, “clearly lazy and inefficient,”

[Deebased]

Isnt " good dude who sues his guide for not sumiting everest " an oxymoron ?

Nah giving back to his community in tech and otherwise is what makes him a good dude.

Maybe Madison is an asshole or maybe Madison just overpromised and undelivered.. Who knows, I wasn't there but I've met one or two guides who fit that bill.

[altasnob]

Bookman, the tech CEO with the fancy Yale and Harvard degrees who hangs with J Kush and Trump sued the guide alleging the true reason the guide canceled the trip was the Mountain Hardware CEO was too fat to keep up and he didn't want to hurt the Mountain Hardware CEO's ego. And all of this for $50,000, which seems like chump change to someone with Bookman's elite pedigree.

What really has me baffled is Bookman sued Madison in his individual capacity in California. Individual capacity, meaning Madison the person, not Madison Mountaineering LLC (even though it is the LLC doing the guiding). To have jurisdiction in California, the person has to do the wrong in California. The only thing Madison did in California was allegedly promise the $50,000 while he was sitting on Bookman's couch in San Francisco. So the entire theory of the lawsuit was this conversation that took place on the couch with no other witnesses. The California judge tossed the case saying it really needs to be filled against the LLC in Washington State, where the LLC is based. We need Jon Krakauer to write a book on this drama.

[old goat]

We need Jon Krakauer to write a book on this drama.

No we don't.

[bennymac]

Nah giving back to his community in tech and otherwise is what makes him a good dude.

But whatabout the lawsuit