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Ski Sundown Lawsuit

Madroch

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Jury selection rules vary by venue. I have no idea how its done in CT. In NY state courts the lawyers have wide latitude in questioning the jurors as its usually done unsupervised . Familiarity with the scene of an accident would not disqualify a juror from serving. However, if that juror expressed a prejudged opinion about the outcome or indicated that they would base their decision on their recollection of the scene as opposed to the evidence adduced, they would be.
In Federal court the judges pick the juries based on questions devised with the lawyers input.

In CT state Court= we still have individual voire dire-- and usually not even in the presence of a judge for routine civil matters. Each lawyer gets to question each juror him or her self with only the lawyers, and possibly a clerk present. Wide latitude would be an understatement-- but you have to remember not to be unduly invasive (which is difficult in some cases) or aggressive, because if the juror stays and you offended them-- your client will pay. If you have a challenge for cause on the grounds that the juror has expressed an inability or unwillingness to apply the facts to the law, you take it to the judge, who then usually rehabilitates the juror by reminding them it is there duty to apply the facts to the law. This usually works, in the cases where the juror is just looking to void jury duty. If the juror has life experiences or strongly held beliefs which would make it difficult for them to be impartial, they are excused. If a juror you don't like is not excused for cause- you can use a preemptory- which you can use for any legal (e.g. can't try to strike all the females because there females, etc) reason. Usually have 3 preemptories, but that is subject to discretion of the trial judge-- and is usually affected by number of parties (usually defendants) whose interests are not necessarily alligned (I may be confusing state with federal here-- can't recall the exact state court rule at the moment)..

Fed is generally same noted by HowieT2-- but each Judge has there own twists- with some letting the lawyers question the panel of prospetive jurors directly, or sometimes even individual jurors (either in front of the other jurors or at side bar).
 

mondeo

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Tin Woodsman

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As if on cue:

New this year, Okemo is introducing a terrain park pass program that requires skiers and riders to know some basic rules of park safety and etiquette before accessing Okemo’s premier SuperPark on Nor’easter. There is no additional fee for the park pass. The goal of the park pass program is to educate freestyle skiers and riders about the courtesy and common sense of riding park elements and terrain features.

To obtain a park pass, skiers and riders can take a short online quiz at www.okemo.com or in person at Okemo Mountain Resort. Upon successful completion of the ten-question quiz, they will be issued a certificate to present for a laminated pass that they must wear, like a season pass, while riding Okemo’s terrain parks.

In the program’s inaugural season, the park pass will be mandatory for accessing the Amp Energy Super Park and recommended for accessing all other parks and Okemo’s Superpipe. Starting next winter, a park pass will be mandatory for all terrain parks. Park rangers will be staffing the Amp Energy Park to enforce the program and to administer the quiz on-site for skiers and riders. Riding terrain park features without a park pass will initially result in a verbal warning and supplemental warnings may result in loss of lift ticket privileges.

“This is a good step for Okemo – a step in the right direction,” says Okemo Mountain Manager Eb Kinney. “Understanding the elements of Smart Style leads to a safer park environment. When people learn it, they live it.”
 

Highway Star

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As if on cue:

New this year, Okemo is introducing a terrain park pass program that requires skiers and riders to know some basic rules of park safety and etiquette before accessing Okemo’s premier SuperPark on Nor’easter. There is no additional fee for the park pass. The goal of the park pass program is to educate freestyle skiers and riders about the courtesy and common sense of riding park elements and terrain features.

To obtain a park pass, skiers and riders can take a short online quiz at www.okemo.com or in person at Okemo Mountain Resort. Upon successful completion of the ten-question quiz, they will be issued a certificate to present for a laminated pass that they must wear, like a season pass, while riding Okemo’s terrain parks.

In the program’s inaugural season, the park pass will be mandatory for accessing the Amp Energy Super Park and recommended for accessing all other parks and Okemo’s Superpipe. Starting next winter, a park pass will be mandatory for all terrain parks. Park rangers will be staffing the Amp Energy Park to enforce the program and to administer the quiz on-site for skiers and riders. Riding terrain park features without a park pass will initially result in a verbal warning and supplemental warnings may result in loss of lift ticket privileges.

“This is a good step for Okemo – a step in the right direction,” says Okemo Mountain Manager Eb Kinney. “Understanding the elements of Smart Style leads to a safer park environment. When people learn it, they live it.”

NICE. I can hardly wait until Killington adapts something like this, which will make it's parks MUCH safer and more fun to ride.
 

mondeo

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^^ dislike
As long as it's free and lifetime, I don't really have an issue with it. Forced basic ettiquite knowledge helps everyone. It would be nice to have a national program, so, if I get past the wickets at Killington should they implement a system like that, it transfers to other mountains. Wouldn't be surprised if that eventually happens.
 

gmcunni

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As long as it's free and lifetime, I don't really have an issue with it. Forced basic ettiquite knowledge helps everyone. It would be nice to have a national program, so, if I get past the wickets at Killington should they implement a system like that, it transfers to other mountains. Wouldn't be surprised if that eventually happens.

what's next, turnstiles at the top of bump runs or glades? Rejects from Blue Mountain Ski Patrol running around giving tickets to people who aren't good enough to ski a certain trail?

my prediction - helmets required at all ski resorts by start of 2012/13 season. ( i wear a helmet, but by choice) (and sometimes i don't wear a helmet, by choice, especially when the weather is nice)
 

mondeo

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Here's my nightmare scenario: some non-park skier is meandering down Dreamaker, I'm headed through the booter section. At some point after I'm on the takeoff face and can't see the landing, the meanderer meanders into the landing area. I land on him, we both get seriously mangled. Techincally, because he was the downhill skier, he sues me for all I'm worth and wins. I lose everything, physically and financially, because someone doesn't know that landing areas are "get the hell out" zones.
 

jaywbigred

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I agree that signs & labels can perform some function. Signs cannot prevent all accidents, nor anticipate all hazzards. I think it is misplaced to look to a sign, or lack thereof to place blame in an accident such as this. Signs will multiply to an overload level if this solution is subscribed to.
All I was arguing with my anecdote was that signs DO impact behavior, even of 15 year olds.

This point, however:

What I'm having trouble with is finding Sundown responsible for an injury on a feature that was knowingly and intentionally taken by a skier at a planned sufficient speed to go airborne.

Is 100% spot on. He intentionally took it, and inspected it from the lift. I have no idea where the expert/plaintiff's attorney are going with the sign thing. Do they mean to argue that he knew the jump was there, new how big it was, but somehow did not know jumping off it was dangerous? I mean, that would boil down to just being human, realizing that jumping off of high things in general can be dangerous...

My only thought is that they are arguing that the condition of the jump (icy, not well lit, etc...) at the time of his jump (perhaps in contrast to the time of his inspection from the lift) caused his jump not to go off as planned? I guess they would have to be focusing on a condition that was not readily apparent from the lift, or that changed after his inspection, but of which a sign could have and should have warned? I dunno, seems like a stretch to me!

How close does the lift pass to this jump?

Or how about there was some signage, but....

Q: Mr Malaguit, you say that the trail wasn't marked as dangerous at the point you crossed over laterally from another trail midway down the mountain before you took that jump, correct?
A: Yes, or else I wouldn't have tried it.
Q: But you had ridden the chair to the top of the lift earlier and had skied past the top of that trail, correct?
A: Yes, I believe I did.
Q: And the top of that trail did have a sign warning its level of dangerousness, correct?
A: Er...yes, I think it did.
Q: And because of that warning, you decided in your earlier runs not to ski that trail from the top?
A: That's right.
Q: So when you entered the trail midway down the mountain to take the jump you'd scoped out from the lift, isn't it true that you had in fact already seen signs warning that this trail was dangerous?
A: Um...yes.
Q: And yet you still proceeded onto this dangerous trail?
A: Um, er...

(Not being familiar with Sundown, I'm assuming there was a some signage at the top of that trail.)
That sounds about right to me.
 

mondeo

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How close does the lift pass to this jump?
Depends on the lift taken. One lift has its own line from top to bottom, you could argue that you can't judge any conditions from it. Other passes over main part of the park and the section where the three trails merge is within full view, although if the jump was along the treeline on Exhibition it would be difficult to gauge conditions from the lift. But bad conditions don't result in paralysis - that tells me it was a partial backflip, so it was either an inexperienced skier or a funky jump that puts you way in the backseat during takeoff. At least over the last couple years, Sundown's jumps have been spot on (in the park at least, they've been learning on the mogul kicker side of things.)
 

bvibert

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How close does the lift pass to this jump?

Depends on the lift taken. One lift has its own line from top to bottom, you could argue that you can't judge any conditions from it. Other passes over main part of the park and the section where the three trails merge is within full view, although if the jump was along the treeline on Exhibition it would be difficult to gauge conditions from the lift. But bad conditions don't result in paralysis - that tells me it was a partial backflip, so it was either an inexperienced skier or a funky jump that puts you way in the backseat during takeoff. At least over the last couple years, Sundown's jumps have been spot on (in the park at least, they've been learning on the mogul kicker side of things.)

I figure that he had to have seen it from lift 1, which goes directly over the lower part of the park (the section of trail that he cut over to). You can't see much of anything from lift 2 except for a small section of the trail above where he could have possibly cut over to, without walking uphill.
 
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dmc

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I think if you work there - you should probably not comment on the case..

You may just find yourself in court. which would suck..
 

bvibert

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I think if you work there - you should probably not comment on the case..

You may just find yourself in court. which would suck..

I thought of that, but I know nothing about the actual case. Just speculation on my part, with no more knowledge than any typical Sundown regular.

Maybe I'll just stay out of it though. I'd hate to find myself in court, or somehow damage Sundown's case.
 

JimG.

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As long as it's free and lifetime, I don't really have an issue with it. Forced basic ettiquite knowledge helps everyone. It would be nice to have a national program, so, if I get past the wickets at Killington should they implement a system like that, it transfers to other mountains. Wouldn't be surprised if that eventually happens.

Forced basic ettiquette program?

Good luck; don't get me wrong, I agree with your premise, but experience tells me that anything forced only leads to exponentially worse behaviour.

How pathetic is it that we now live in a society where basic good manners have to be forced upon people?
Soon we will need a "breathe every 2 seconds" program an then a "wipe your ass after pooping" program too.

Ever see the movie "Idiocracy" by the Coen brothers? That's our future.
 

mondeo

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Forced basic ettiquette program?

Good luck; don't get me wrong, I agree with your premise, but experience tells me that anything forced only leads to exponentially worse behaviour.

How pathetic is it that we now live in a society where basic good manners have to be forced upon people?
Soon we will need a "breathe every 2 seconds" program an then a "wipe your ass after pooping" program too.

Ever see the movie "Idiocracy" by the Coen brothers? That's our future.
Park etiquitte isn't always obvious; more of a once you think about it, it makes sense kind of thing. People that don't hit jumps are just used to skiing wherever, and the uphill skiers are responsible for not hitting them. They don't always realize that that just doesn't work in a park. Same type of thing happens on a bump run, people don't realize what they do to people that ski the line. It's hard to understand the consequences of your actions until you're on the other side. Some education isn't necessarily a bad thing.
 

legalskier

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Here are excerpts from today's account:

WEB FIRST: An expert doctor testifies about equipment Malaguit will need
Published: Tuesday, October 05, 2010
LITCHFIELD — An expert doctor testified that James Malaguit’s house is inadequate to support him because of the injuries he sustained in a ski accident at Ski Sundown in 2006.*** Jeffrey Perry, a doctor with Comprehensive Rehabilitation Consultants of Manhattan, testified about the changes in life Malaguit must endure in order to continue on with school and life in general. *** When looking at the house that Malaguit lives in, Perry recommended numerous modifications that be done in order to comply with the severity of Malaguit’s injury. “It’s not really suitable for a quadriplegic,” Perry testified. “You want handicapped access.” While testifying, Perry even recommended that the Malaguit’s move to a different house in order to completely accommodate for Malaguit and his disability. *** “As James ages, his family is no longer going to be able to give care to him as he requires nursing care 24 hours a day,” Perry testified.

Full article: http://www.registercitizen.com/articles/2010/10/05/news/doc4cabb24d181b0749956837.txt

ka-ching, ka-ching
 
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JimG.

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Park etiquitte isn't always obvious; more of a once you think about it, it makes sense kind of thing. People that don't hit jumps are just used to skiing wherever, and the uphill skiers are responsible for not hitting them. They don't always realize that that just doesn't work in a park. Same type of thing happens on a bump run, people don't realize what they do to people that ski the line. It's hard to understand the consequences of your actions until you're on the other side. Some education isn't necessarily a bad thing.

Again, I'm not disagreeing with your premise. Especially true in the terrain park I also agree.

I guess all I'm saying is that all it takes is one asshole and there always seems to be one around when you least need one. And that person either doesn't get the safety/ettiquette program, doesn't care, is too stupid to care, too drunk to care, or whatever.

I'm not sure there is a system to prevent these types of incidents.
 

legalskier

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