Ski Sundown Lawsuit

[gmcunni]

The Register Citizen might not have their facts straight

"Ski Sundown owner Channing Murdock testified toward the end of the day, Wednesday."

I saw that too. Murdock was the one who revived the place in the late 60's, but I thought he sold it to Carter (who had been running it for him) in the 70's. Maybe Murdock still has some stake in it though?

CORRECTION: An earlier version of this story incorrectly named Channing Murdock as the owner of Ski Sundown and quoted him as testifying in this case, when it was actually Bob Switzgable, Ski Sundown president.

 

[bvibert]

CORRECTION: An earlier version of this story incorrectly named Channing Murdock as the owner of Ski Sundown and quoted him as testifying in this case, when it was actually Bob Switzgable, Ski Sundown president.

Well, that certainly makes more sense. Not sure where they pulled Murdock's name out of??

 

[legalskier]

Ski Sundown owner focuses testimony on terrain park features
Published: Friday, October 08, 2010
LITCHFIELD — The owner of Ski Sundown testified in Litchfield Superior Court Thursday about the changes that a ski area, specifically the terrain park, undergoes every year and that terrain park lesson groups focusing on safety and responsibility were available at the time of James Malaguit’s ski incident. *** “After grooming a (terrain park) feature, it is tested by the ski area before people are allowed on.” *** “A lot of those safety messages that are on the hill are common sense,” Switzgable stated. *** “That year, we had the table top responsibility code inside the welcome center,”
http://registercitizen.com/articles/2010/10/08/news/doc4cae9c661ac5d784554862.txt

 

[2knees]

does anyone have any information on similar cases like this and their outcomes? If they are held liable will that significantly impact the way sundown builds its parks going forward? For a small ski area, they have some of the most varied features i've seen.

 

[mondeo]

does anyone have any information on similar cases like this and their outcomes? If they are held liable will that significantly impact the way sundown builds its parks going forward? For a small ski area, they have some of the most varied features i've seen.

I'd hope it would just go to a maze at top/need to pass test to get in, if at all. Their current set-up method, with fencing, pretty much forces you to take the entire Stinger trail unless you decide to circumvent their attempts to keep you out. Bastards have me hiking up across Stinger from the bottom of Temptor all season. And I'm pretty sure there's a smart style sign at the top of Stinger.

Again, I'm sortof in favor of the testing. It would reduce the number of parents with 5 year olds ignoring the line of people waiting for the booter and just going over it, with the people waiting having no confidence in the 5 year olds ability to ski down the blind jump landing given that it's the steepest part of the trail. And hopefully it's a lifetime pass.

 

[gmcunni]

does anyone have any information on similar cases like this and their outcomes?

i did the free search thing on Lexis and found a few cases against Sundown. They all appeared (to my ignorant legal eye) to go in favor of the mountain. Not sure how similar to the current case these are, legally speaking, but 1 did involve a kid going over a jump, sadly & tragically resulting in his death.

1. Kearns v. Ski Sundown, Inc., CV095027037S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD AT HARTFORD, October 7, 2009, Decided, October 7, 2009, Filed

OVERVIEW: Skier's motion to strike ski area operator's special defense was denied in skier's injury claim arising from a skiing collision because Conn. Gen. Stat. § 29-212(b)(6) protected ski area operators from liability where a plaintiff collided with any other skier so long as that skier was not an on-duty employee of the ski area operator.

3. MacDonald v. Ski Sundown, Inc., X07CV020083292S , SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, COMPLEX LITIGATION DOCKET AT TOLLAND, March 31, 2005, Decided , March 31, 2005, Filed

OVERVIEW: Ski resort was entitled to summary judgment in father's negligence case as he failed to disclose expert witnesses that were required to prove his negligence case. Expert was needed to establish whether snow ramp, upon which decedent was killed, was trail or slope under Conn. Gen. Stat. § 29-211(3) that required degree of difficulty markings

.

6. O'Brien v. Ski Sundown, CV000083444S , SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, February 7, 2003, Decided , February 7, 2003, Filed

OVERVIEW: The factual question of whether the ski lift was safe was not a matter within the ken of the ordinary juror. Expert testimony was also required to establish whether the ski lift operator had been negligent. Thus, there was no basis for liability.

10. Civitello v. Ski Sundown, CV 970137455S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, June 8, 2000, Decided , June 9, 2000, Filed

OVERVIEW: Plaintiff, an injured skiier, was required to provide expert testimony at time of trial to substantiate claim of negligent instruction. In absence of such testimony, defendants' motion for summary judgment would be granted.

 

[2knees]

i did the free search thing on Lexis and found a few cases against Sundown. They all appeared (to my ignorant legal eye) to go in favor of the mountain. Not sure how similar to the current case these are, legally speaking, but 1 did involve a kid going over a jump, sadly & tragically resulting in his death.
.

that last one raises an eyebrow. Negligent instruction?

 

[gmcunni]

that last one raises an eyebrow. Negligent instruction?

i read more... she fell while taking a lesson and attempted to grab a pole setup for students to turn around. she broke her wrist in the fall and claimed she wasn't properly instructed on how to fall. :roll:

 

[2knees]

i read more... she fell while taking a lesson and attempted to grab a pole setup for students to turn around. she broke her wrist in the fall and claimed she wasn't properly instructed on how to fall. :roll:

i figured it would be stupid, but that's off the charts.

 

[legalskier]

Victim's mother says bill for Ski Sundown accident was $719,726.44
Link: http://www.registercitizen.com/articles/2010/10/09/news/doc4caf961de1a19380292659.txt

 

[o3jeff]

Victim's mother says bill for Ski Sundown accident was $719,726.44
Link: http://www.registercitizen.com/articles/2010/10/09/news/doc4caf961de1a19380292659.txt

Lots of comments under the article .

 

[gmcunni]

the more i think about this situation the more mixed my feelings become.

i know first hand the difficult life this kid and his family have ahead of them. I have 16 YO son, the thought of MY son going through a life like that might very well be enough for me to swallow my pride and pursue every possible option of securing him the best possible future. i'm sure many people won't agree with that but i think I *could* feel that way in their situation.

i don't think Sundown is at fault. I've only read the reports in the newspaper so my facts are not likely complete but if a skier can cross from a blue to black trail without the same warning signs present that are at the top of the black trail could there be an issue? i know there has been a soft fence deterring the cutover recently, don't know if it was there in 2006.

But bottom line, the kid saw the jump and made a conscious effort to hit it. he certainly could have aborted at the last seconds of his approach if he was unsure but he chose not to. He put himself in the situation, he wasn't forced or coerced into it.

 

[bvibert]

the more i think about this situation the more mixed my feelings become.

i know first hand the difficult life this kid and his family have ahead of them. I have 16 YO son, the thought of MY son going through a life like that might very well be enough for me to swallow my pride and pursue every possible option of securing him the best possible future. i'm sure many people won't agree with that but i think I *could* feel that way in their situation.

It'd be hard for anyone to say that they wouldn't try to do the same if they were in a similar situation. That doesn't make it right though. That's why I blame the system for allowing it to happen...

 

[mondeo]

It'd be hard for anyone to say that they wouldn't try to do the same if they were in a similar situation. That doesn't make it right though. That's why I blame the system for allowing it to happen...

Undercard over, time for the main event!

 

[mister moose]

So I'm reading over the last few pages on this thread, and in the middle of it up pops an ad for the movie "Jackass 3D"

http://www.youtube.com/watch?v=fKwjU_pSSW4

I can't count the ways this is ironic.

In the middle of a thread on injury and personal responsibility is an ad depicting promotion of stupid behavior that is promoted as funny. Attempting to replicate any of these stunts certainly risks injury.

If someone gets hurt from this, who's to blame? Is it the movie? The actors? The equipment manufacturers? The ad distributor? What about Alpine Zone?

Or maybe, is it the parents and the kids themselves?

I mean, I grew up with cartoons of Wile E Coyote trying to strap himself to an Acme rocket, but you can be sure I never tried it.

 

[JimG.]

So I'm reading over the last few pages on this thread, and in the middle of it up pops an ad for the movie "Jackass 3D"

http://www.youtube.com/watch?v=fKwjU_pSSW4

I can't count the ways this is ironic.

In the middle of a thread on injury and personal responsibility is an ad depicting promotion of stupid behavior that is promoted as funny. Attempting to replicate any of these stunts certainly risks injury.

If someone gets hurt from this, who's to blame? Is it the movie? The actors? The equipment manufacturers? The ad distributor? What about Alpine Zone?

Or maybe, is it the parents and the kids themselves?

I mean, I grew up with cartoons of Wile E Coyote trying to strap himself to an Acme rocket, but you can be sure I never tried it.

It is amazing.

I was going to mention this new quirk of our society where we glorify idiotic and clearly injurious behaviour.

But I also have to admit that it's funny as sh*t to watch.

 

[2knees]

a classic.

 

[HowieT2]

It'd be hard for anyone to say that they wouldn't try to do the same if they were in a similar situation. That doesn't make it right though. That's why I blame the system for allowing it to happen...

BTW- just so you understand, it was previously reported that the bills to date are about 750k. Even if there is health insurance to cover these costs, that likely has a 1 or 5 million max. Given his age and the rate of inflation of medical costs, the projected medical costs are probably in the neighborhood of 50 million. At some point , this cost will likely be borne my medicare and medicaide, if it isnt already. if there is any recovery in this lawsuit medicare/medicaide will be reimbursed any past costs and indemnified for costs in the future.

 

[marcski]

BTW- just so you understand, it was previously reported that the bills to date are about 750k. Even if there is health insurance to cover these costs, that likely has a 1 or 5 million max. Given his age and the rate of inflation of medical costs, the projected medical costs are probably in the neighborhood of 50 million. At some point , this cost will likely be borne my medicare and medicaide, if it isnt already. if there is any recovery in this lawsuit medicare/medicaide will be reimbursed any past costs and indemnified for costs in the future.

Special needs trust.

 

[legalskier]

ESPN commentary:

Resort liability laws: out of date?
By Matt Higgins, ESPN Action Sports
*** Although 27 states have ski safety statutes; skiers and snowboarders typically sign liability waivers; and the back of a lift pass features fine print releasing resorts from responsibility for the sports' inherent risks, legal challenges continue, raising the question as another winter season looms: who's ultimately liable for accidents or injury? With the rising popularity of terrain parks, the issue has become potentially even more muddled. ***
Full article: http://sports.espn.go.com/action/snowboarding/news/story?id=5677080