Vermont Jury Awards Hiker $750k for 5 Hours Trapped on Gondola

[doublediamond]

Complain all you want about the award, but Killington admitted publicly in 2011 she was not at fault and procedures weren't followed

http://www.wcax.com/story/15610064/pittsfield-woman-found-safe-at-ski-resort

 

[BenedictGomez]

Usually people don't get "PTSD" from moderately stressful, albeit unusual circumstances-.

It's common when they file bogus lawsuits seeking millions of dollars.

 

[Big Game]

I hate to be pedantic, but if she was riding a gondola, she wasn't really a hiker.

Anyway, that's how I wold have opened my cross. TAKE HER DOWN

There's a reason I don't litigate.

 

[Not Sure]

How do you know for sure if this was an innocent act or purposeful ? Lots of unscrupulous people out there scaming the system.

 

[Jully]

How do you know for sure if this was an innocent act or purposeful ? Lots of unscrupulous people out there scaming the system.

Killingtons relatively quick admission of guilt does it for me. No way they'd make a public statement like that otherwise.

 

[doublediamond]

So why didn't they just settle? Litigation costs a lot, even with a small case.

 

[muleski]

Her name rang a bell with me. I believe that she is a very active Masters racer, and pretty sure that she's a lawyer. The whole "thing" surprises me. The incident surely had not affected her skiing and ski racing. That, I assume has nothing to do with the lift experience.
Of course, I guess two people from the same town and part of VT could share the same name, so Google and I could be off base.
Either way, the award seems excessive to me.

 

[thetrailboss]

Her name rang a bell with me. I believe that she is a very active Masters racer, and pretty sure that she's a lawyer. The whole "thing" surprises me. The incident surely had not affected her skiing and ski racing. That, I assume has nothing to do with the lift experience.
Of course, I guess two people from the same town and part of VT could share the same name, so Google and I could be off base.
Either way, the award seems excessive to me.

Boy, looks like she is really suffering.

 

[Hawkshot99]

Middle of winter would be one thing, but this happened in early October! Her "pain and suffering" and ptsd is absurd.....

 

[VTKilarney]

It's common when they file bogus lawsuits seeking millions of dollars.

For the record, her attorney asked for at least $500k. The jury gave more.

This certainly looks suspicious from our vantage point, but none of us are privy to the entirety of facts. But I certainly don't dispute that America is overly litigious when it comes to personal injury claims.

 

[VTKilarney]

Boy, looks like she is really suffering.

That's really not fair. One can race yet also suffer from mental health problems. Did you expect her to be on the floor curled up in the fetal position?

This person would beg to differ:
http://www.westword.com/news/joel-h...gles-i-wished-that-i-had-died-in-iraq-5875579

 

[cdskier]

For the record, her attorney asked for at least $500k. The jury gave more.

I thought that was interesting when I read that part in one of the articles. I wonder what their thought process was and how they came up with the 750K amount.

 

[jimmywilson69]

I thought that was interesting when I read that part in one of the articles. I wonder what their thought process was and how they came up with the 750K amount.

Highway Star was on the Jury and wanted to put the Screws to Mike Solimano (1000000)

 

[thetrailboss]

Highway Star was on the Jury and wanted to put the Screws to Mike Solimano (1000000)

I think that this is the clearest message--the jury DID NOT like Killington. And a Rutland County jury no less. They tend to be fairly conservative. Something really made them upset.

No doubt this will be appealed.

 

[jimmywilson69]

Does seem odd they just didn't settle out of court. Now there will be 2 trials.

I guess its possible that the lady said no to a settlement.

 

[VTKilarney]

Does seem odd they just didn't settle out of court. Now there will be 2 trials.

I guess its possible that the lady said no to a settlement.

If I had to guess (and it's only a guess), the insurance company thought that a Rutland county jury would not be sympathetic to her claim, even if Killington conceded liability. It would not surprise me if their settlement offer was negligible.

 

[thetrailboss]

Does seem odd they just didn't settle out of court. Now there will be 2 trials.

I guess its possible that the lady said no to a settlement.

As said, no doubt that the resort saw this as a nuisance case and offered a nuisance amount at settlement. Generally, you do not get a trial date without at least a good faith effort at mediation.

And FWIW Meub's firm is known to push the envelope and be difficult with which to deal. I can say that from personal experience. They no doubt were zealous advocates for their client here and she got a very large verdict for an alleged mental illness case with no bodily injury.

 

[VTKilarney]

Here is an article that has a little bit more detail:
http://www.timesargus.com/article/20161201/NEWS01/161209962

 

[thetrailboss]

Here is an article that has a little bit more detail:
http://www.timesargus.com/article/20161201/NEWS01/161209962

As I thought, Ryan Smith Carbine was the defense firm. Good firm and the lead attorney is a good guy. The jury did not like Killington on this one. Might be a reflection of how much POWDR has burned bridges.....not lately, but in the past.

 

[Jully]

That's really not fair. One can race yet also suffer from mental health problems. Did you expect her to be on the floor curled up in the fetal position?

This person would beg to differ:
http://www.westword.com/news/joel-h...gles-i-wished-that-i-had-died-in-iraq-5875579

Can't stress that enough. Mental illness is very complex. While I know nothing about this case and how valid her claims are, judging someone's mental health based on such a limited view of their actions is not the least bit fair or accurate.