• Welcome to AlpineZone, the largest online community of skiers and snowboarders in the Northeast!

    You may have to REGISTER before you can post. Registering is FREE, gets rid of the majority of advertisements, and lets you participate in giveaways and other AlpineZone events!

Boarder/skier collision case heading to trial

marcski

Active member
Joined
Jan 10, 2005
Messages
4,576
Points
36
Location
Westchester County, NY and a Mountain near you!
They had no interest in suing and there is likely no case, but their health insurance advised them that their coverage for the treatment was nearing exhaustion and the therapy he is receiving so he can maybe walk again costs almost a $1,000 a shot. these are not pretty situations.

They might consider crowdfunding, like kickstarter: http://en.wikipedia.org/wiki/Kickstarter

You're not serious? You expect this person's family to go out on kickstarter and beg for money??
 

Abubob

Well-known member
Joined
Apr 9, 2010
Messages
3,607
Points
63
Location
Alexandria, NH
Website
tee.pub
Without an actual video from a surveillance camera or corroborating eyewitnesses how likely is it that anyone would be convicted of wrongful death or manslaugher?
 

HowieT2

Well-known member
Joined
Sep 22, 2009
Messages
1,748
Points
83
Without an actual video from a surveillance camera or corroborating eyewitnesses how likely is it that anyone would be convicted of wrongful death or manslaugher?

no one is being charged with any criminal wrongdoing. this is a civil action for monetary damages.
 

Abubob

Well-known member
Joined
Apr 9, 2010
Messages
3,607
Points
63
Location
Alexandria, NH
Website
tee.pub
no one is being charged with any criminal wrongdoing. this is a civil action for monetary damages.

I'll rephrase the question yer honor: Without an actual video from a surveillance camera or corroborating eyewitnesses how likely is it that anyone would be ordered to pay for damages?
 

HowieT2

Well-known member
Joined
Sep 22, 2009
Messages
1,748
Points
83
I'll rephrase the question yer honor: Without an actual video from a surveillance camera or corroborating eyewitnesses how likely is it that anyone would be ordered to pay for damages?

hard to say. It is surprising that the court didnt find that there wasnt recklessness as matter of law. So the case will be decided by a jury based on the testimony of the defendant with the plaintiff bearing the burden of proving he was reckless. From the description of the facts in the decision, it didnt appear to me that there was much if any evidence of recklessness. but the fact that there is no video or eyewitness testimony is not fatal, in and of itself.
 

WWF-VT

Well-known member
Joined
Sep 23, 2005
Messages
2,598
Points
48
Location
MA & Fayston, VT
I guess I'll have to read every state's "Ski Act" and bring a lawyer with me the next time I go skiing.
 
Top