Florida Skier Gets $800k [Default] Judgment Against Snowmass Snowboarder

thetrailboss · Jan 19, 2016

Apparently last year the snowboarder "jumped from a catwalk" onto the plaintiff, resulting in a fractured tibia-fibula, fractured humerus and broken ankle for the woman.

The woman sued and the snowboarder, who works two jobs in Snowmass, did not answer. She got a default judgment against him for $796,000.

http://www.aspentimes.com/news/20214493-113/snowboarder-overdue-on-800000-judgment-to-snowmass-crash

The case was based upon the snowboarder failing to comply with the Colorado Ski Safety Act because the plaintiff "was the downhill skier, who has the right of way under state law."

Plaintiff has moved to garnish the guy's wages until she is paid.

Boy, this sucks.

joshua segal · Jan 19, 2016

thetrailboss said:
Apparently last year the snowboarder "jumped from a catwalk" onto the plaintiff, resulting in a fractured tibia-fibula, fractured humerus and broken ankle for the woman.

The woman sued and the snowboarder, who works two jobs in Snowmass, did not answer. She got a default judgment against him for $796,000.

http://www.aspentimes.com/news/20214493-113/snowboarder-overdue-on-800000-judgment-to-snowmass-crash

The case was based upon the snowboarder failing to comply with the Colorado Ski Safety Act because the plaintiff "was the downhill skier, who has the right of way under state law."

Plaintiff has moved to garnish the guy's wages until she is paid.

Boy, this sucks.

Why does this suck? Seems reasonable to me. If anything sucks it is that the woman will probably not even recoup her legal fees from this irresponsible snowboarder.

KustyTheKlown · Jan 19, 2016

yea i doubt she collects much of anything. doesnt sound like the snowboarder has deep pockets. i don't know how i feel about this. if we can assume this is an accident, then i think it falls under the inherent risks of skiing, especially doing so at a public and busy ski resort. it also sounds like she was standing in a blind spot. yeah she was the downhill skier with the right of way, but ms florida plaintiff was probably not observing the best ski etiquette either.

deadheadskier · Jan 19, 2016

Wonder how many law suits happen down the line because of this result.

Whole situation sucks.

Sucks she was hurt so badly

Sucks he made such a poor decision that he will be financially reminded of it the rest of his life.

joshua segal · Jan 19, 2016

KustyTheKlown said:
yea i doubt she collects much of anything. doesn't sound like the snowboarder has deep pockets. i don't know how i feel about this. if we can assume this is an accident, then i think it falls under the inherent risks of skiing, especially doing so at a public and busy ski resort. it also sounds like she was standing in a blind spot. yeah she was the downhill skier with the right of way, but ms florida plaintiff was probably not observing the best ski etiquette either.

I don't think that being run into by an out-of-control skier (or in this case, rider) is within the risks that any skier (or rider) is accepting.

bigbog · Jan 19, 2016

deadheadskier said:
....Sucks he made such a poor decision that he will be financially reminded of it the rest of his life.

Isn't that something. There was a time when people went skiing to get away from the daily BS of society :sadwalk:

KustyTheKlown · Jan 19, 2016

joshua segal said:
I don't think that being run into by an out-of-control skier (or in this case, rider) is within the risks that any skier (or rider) is accepting.

we dont know that he was out of control. its entirely possible, and sounds even likely, that he was jumping a lip and couldn't see the skier standing in the landing until it was too late. people shouldnt stop or sit in blind landings.

deadheadskier · Jan 19, 2016

No, people shouldn't stop in spots where they might not be visible from approaching skiers, but the responsibility falls on the jumper to have a spotter if the landing is blind.

Scruffy · Jan 19, 2016

deadheadskier said:
No, people shouldn't stop in spots where they might not be visible from approaching skiers, but the responsibility falls on the jumper to have a spotter if the landing is blind.

This.

The snowboarder is 40 years old, not some dumb kid. He might have been stoned, ( it is Colorado after all ) but the article doesn't say. You don't get air off a blind catwalk. Build a jump and have buds monitor for anyone down slope before you launch, or use the terrain park.

BenedictGomez · Jan 19, 2016

thetrailboss said:
The woman sued and the snowboarder, who works two jobs in Snowmass, did not answer. She got a default judgment against him for $796,000. Plaintiff has moved to garnish the guy's wages until she is paid.

The irresponsible wastrel likely makes $7.96 an hour. Good luck recovering that judgement.

abc · Jan 19, 2016

bigbog said:
Isn't that something. There was a time when people went skiing to get away from the daily BS of society

You mean to get away from "the daily BS of society" such as personal resposibility? When was "that time"?

HowieT2 · Jan 20, 2016

this is meaningless. she wont collect anything because if there was anything to collect, he would have answered the complaint. and because he defaulted there was no determination on the merits as to his liability. she may have hit him for all we know.

mbedle · Jan 20, 2016

Lets say he makes $8/hr. and pays approximately 20 % for taxes, that leaves him $6,40/hr take home. Federal law limits garnishment at 25% of disposable income (take home pay). If he makes more than 30 times minimal wage, they collect 30 percent. That would result in a garnish of $1.60 per hour. At that rate, she get all her money in approximately 350 years.

abc · Jan 20, 2016

Clearly he had no money (hence can't afford the defense).

But what happens if he wins the lottery a year later? He might have to hand over the money? Any lawyers here?

(or his parents died and left him the old dilapidated family house in the flat land which happens to sit in a highly desirable location and worth a big chunk of money?)

AdironRider · Jan 20, 2016

Im pretty sure he won't mind paying the judgement if he wins the lottery.

BenedictGomez · Jan 20, 2016

abc said:
But what happens if he wins the lottery a year later? He might have to hand over the money? Any lawyers here?

Not a lawyer, but the answer is, yes. Income is income.

mbedle · Jan 20, 2016

Actually, most states have laws that don't allow garnishment of lottery winnings for private judgements. However, the do allow it for state judgements (fines, taxes, child support, etc). Not sure about FL or CO. Weird thing is, they do allow judgements to be collected from bank accounts. So if he winds the lottery and deposits the money into a bank account, they might have access to it.

deadheadskier · Jan 20, 2016

If he wins the lottery, he countersues. It's easy to say F-it, when you have nothing to lose. He wins a lottery, he will then try and protect his assets.

thetrailboss · Jan 20, 2016

deadheadskier said:
If he wins the lottery, he countersues. It's easy to say F-it, when you have nothing to lose. He wins a lottery, he will then try and protect his assets.

Yeah he can't countersue. He defaulted. She already has a judgment against him.

deadheadskier · Jan 20, 2016

Then it seems incredibly lazy and shortsighted on his part to let that go down without leaving himself an opportunity to appeal

Florida Skier Gets $800k [Default] Judgment Against Snowmass Snowboarder

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