Archive for July, 2012

Wreck-less Behavior

July 20, 2012

Tayar v. Camelback Ski Corporation (Pennsylvania)
(A snow tuber involved in a collision sued a ski resort for negligence and reckless conduct;  the trial court granted the defendant’s motion, dismissing the entire action based on the waiver and release signed by the plaintiff; the decision was overturned on appeal as to the reckless conduct allegations.)

The plaintiff was participating in snow tubing activities at the defendant’s ski resort.  On her fifth run of the day, she was struck by another participant coming down the run.  She was also narrowly missed by others.  Plaintiff filed a complaint against the ski resort, which filed a motion for summary judgment based upon a pre-printed release form that plaintiff had signed prior to participation.  The release applied to all liability that was “the result of negligence or any other improper conduct on the part of the snowtubing facility.”

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Rough Terrain

July 20, 2012

Malaguit v. Ski Sundown, Inc. (Connecticut)
(A skier was rendered a quadriplegic during a fall in the ski area’s “terrain park”; the Court affirmed a general jury verdict in favor of the defendant ski area.)

The plaintiff was 15 years old at the time of the incident.  He attempted to ski over a snow jump in the ski area’s “terrain park” but fell, landing in a way that severely injured his spine.  Plaintiff filed a complaint against the ski area, claiming that it had been negligent in the building and maintenance of the snow jump.  Pursuant to Connecticut’s ski area statute, the defendant argued that the plaintiff had assumed the risk of injury and that the statute was a complete bar to plaintiff’s recovery.  According to the statute, ski areas are not liable for any injuries caused by terrain variations that are the result of “snow grooming.”  The defendant argued that the snow jump had been created as part of a process of snow grooming, such that plaintiff assumed the risks and that his injuries were caused by his own negligence.  The plaintiff countered by claiming that the snow jump was not a hazard inherent in the sport of skiing, unsuccessfully arguing that the jury should not be given instruction relating to the Connecticut skiing statute.  Thereafter, a jury returned a verdict for the defendant, and the plaintiff filed a motion to set it aside.  The motion was denied and the plaintiff appealed.

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