A climbing wall or a rope’s course are structures. The components already have ASTM standards the sole issue is whether or not they were put together properly.

Operations need special reviews, but the structure is nothing that different from the building it is in or close too.

I’m always asked to recommend a person to check out a ropes course or a climbing wall. These people are looking for someone who may be self-appointed, maybe knowledgeable, (or maybe not) a person who makes a living check these.

I rarely refer them to someone with that title in the industry. I first ask them if a local contractor or engineer as ever looked at their course.

The structures have a different purpose than the carpenter or engineers are used to, but the construction should not be.

We keep forgetting that climbing walls and rope’s courses are just structures no different from a building.  Each of the components has an ASTM standard. An Engineer or contractor can check to see if it was constructed properly and what needs to be done to get it up to speed.

We forget that the foundation of any building or anything attacked to the building is engineering.

By whom and how often should you have your course inspected?

Any time you feel insecure about your course or wall or your insurance company requires it.

Who should inspect your course or wall?

An engineer or contract should inspect your course at least every couple of years or as the engineer or contractor tells you. You can bring in someone with the industry credentials in the other years or with them. You can have someone come in and look at your operation anytime.

I tell my clients to find another operator and trade days. Go check out their course on one day and have them check out your course on another day. That will spot issues you may have, and you probably will learn some new ideas. No use having “inspectors” only who knows new ways of doing things.

I would suspect that if you are part of a larger organization, a college, university or camp that the company or college engineer will tell you when and how often they want the structure inspected.

A bolt is a bolt, whether it holds up a wall or a climbing wall.

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2014 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

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By Recreation Law    Rec-law@recreation-law.com      James H. Moss         #Authorrank

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Ohio Zip Line Association meeting to deal with Ohio Department of Agriculture wanting to control Zip Lines in the State

Join now and fight or forever hold your piece

Some of you may know that in the state of Ohio the Department of Agriculture has been discussing creating legislation for zip

English: Zip Line Canopy tour in Jaco Beach. O...

lines.  Some of the owners of Zip Line and Canopy Tours in the state have gotten together and formed the Ohio Zip Line Association.  As a group we have been working with the state to figure out where zip lines may or may not fit with their legislation.

We wanted to send an email notifying all interested parties that we will be holding an open meeting of the Ohio Zip Line Association for anyone who may want an update of what is going on in Ohio, or anyone who may want to become members of our group. 

The next Ohio Zip Line Association meeting, it will be held on:

April 18, 2014 at 1:00 pm

Location: 

3347 McDowell Rd.

Grove City, OH 43123

If you would like to be a part of the meeting, but cannot attend, you can use the following call in number:

Dial +1 (312) 757-3131+1 (312) 757-3131

Access Code: 130-237-621

Audio PIN: Shown after joining the meeting

Meeting ID: 130-237-621

Feel free to email me off-list if you have any questions.

Lori Pingle

Owner

ZipZone Canopy Tours

Board President

Ohio Zip Line Association

Direct: 614-906-5674614-906-5674

http://www.zipzonetours.com

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

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Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law Rec-law@recreation-law.com    James H. Moss       #Authorrank

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Greg Mortenson : only climber I know who got lost in a valley. But he did a lot of good in that region. New movie 3000 Cupts of Tea tries to point that out

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3000 Cups of Tea: The Mission and the Madness of Greg Mortenson* * * * *Did 60 Minutes and the Media Get It Wrong?

For Immediate Release

Salt Lake City – Fri., March 14 – Award-winning journalist and filmmaker Jennifer Jordan today launched a fundraising campaign under the nonprofit umbrella of the Utah Film Center to complete production of her documentary, 3000 Cups of Tea: The Mission and the Madness of Greg Mortenson. Academy award winner and multi-nominee, Geralyn White Dreyfous, is executive producer.

The film’s trailer poses the questions: Did the media, principally 60 Minutes, get it wrong in accusing Mortenson of fraud, mismanagement, and lying? If so, what are the consequences to the man, his mission, and the future of education for girls in Pakistan and Afghanistan, and what does it say about the state of American journalism?

According to Jordan, who traveled to Pakistan and Afghanistan in September and October 2013 to visit the schools founded by Mortenson and his nonprofit organization, the Central Asia Institute, her film will address some of the most damaging allegations made by 60 Minutes in its April 2011 broadcast. These include:

  • Did he lie in his international bestseller, Three Cups of Tea, about the genesis of building schools in remote northern Pakistan?
  • Did he defraud donors to the Central Asia Institute by not building the schools he claimed he did?
  • Did he spend lavishly on himself and his family while the children of Pakistan and Afghanistan went without their promised schools?

On the recent trip, Jordan and her business partner and husband, cinematographer Jeff Rhoads, visited nearly two dozen villages and spoke to scores of people, including Maria Usman, the CBS Islamabad bureau chief and one of the producers of the 60 Minutes segment.

Said Jordan, “Our initial findings are very different from 60 Minutes.” (In recent months, the venerated CBS news program has come under attack for making serious errors in other broadcasts.)

Jordan’s interest in Mortenson began in 2000 when she made the first of two arduous journeys into base camp at the foot of K2 to research future books and shoot a documentary. “Those treks took us through several remote mountain villages in which there was often only one building with four plumb walls and a bright tin roof standing out among the mud and stone huts. The buildings were Central Asia Institute schools.

“Having helped us with both of our expeditions through the fractious Northern Territories of Pakistan, Mortenson had become a friend and colleague. When he came to Salt Lake City only months after the attacks of 9-11, I interviewed him about his experience building schools for girls in the nexus of the Taliban and Al Qaeda’s powerbase.

“When I watched the 60 Minutes broadcast, it didn’t match my experience of the man or what I had witnessed on the ground, so Jeff and I decided to launch our own investigation to see what had happened. What we have found is that this is a story worth telling – one of the world’s most successful education philanthropists is taken down in 20 minutes by one of the world’s most powerful news organizations.

“I believe that our democracy depends on a free and viable Fourth Estate, keeping tabs on the first three. But that means journalists must be held to the highest standards of ethics and integrity. When we get it wrong, the consequences can be devastating. 3000 Cups of Tea: the Mission and the Madness of Greg Mortenson is the result of our investigation.”

Both Jordan and Rhoads have earned numerous awards for their work, and this film represents their second as partners, following National Geographic’s Women of K2 in 2003.

The film’s executive producer, Geralyn White Dreyfous, is an Academy award winner and her films have earned an additional three nominations, including Best Documentary in 2014 for The Square. Said Dreyfous: “Having known and worked with Jennifer for 27 years and having heard of this film’s progress every step of the way, I can say that it promises to be both shocking and thought-provoking. It is a story that needs telling by capable hands, and I am proud to be associated with its production.”

In making public the documentary’s trailer, Jordan is launching a fundraising effort to finish the film. Under the 501(c)3 nonprofit umbrella of the Utah Film Center, they are able to accept tax-deductible donations. To donate and to learn more, visit: www.3000cupsoftea.org.

Media Inquiries:

sharon

801-918-9998801-918-9998

gigi
801-232-6647801-232-6647

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Geralyn Dreyfous: “Having known and worked with Jennifer for 27 years and having heard of this film’s progress every step of the way, I can say that it promises to be both shocking and thought-provoking. It is a story that needs telling by capable hands, and I am proud to be associated with its production.”
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Copyright © 2014. All Rights Reserved.

ANSI/PRCA American National Standard

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12.jpgZiplines, Canopy Tours, Ropes Courses and Aerial Adventure Parks;

Now governed by a NEW ANSI National Standard

 

Popular Adventure Activities Are Governed by a New StandardThe Professional Ropes Course Association Announces ANSI Approved American National Standards for Ziplines, Rope Challenge Courses, Canopy Tours and Aerial Adventure Parks.

Professional Ropes Course Association (PRCA)

Rockford, Illinois

Contacts: Steven Gustafson, President of the PRCA, (815) 637-2969(815) 637-2969
Michael Barker, Vice President of the PRCA, (203) 464-9784(203) 464-9784

March 17, 2014

FOR IMMEDIATE RELEASE:

Popular Adventures: Ziplines, Canopy Tours, Ropes Courses and Aerial Adventure Parks are Now governed by a new ANSI National Standard

THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) APPROVES AMERICAN NATIONAL STANDARDS FOR ZIPLINES, CANOPY TOURS, AERIAL ADVENTURE PARKS AND ROPE CHALLENGE COURSES DEVELOPED AND MANAGED BY THE PROFESSIONAL ROPES COURSE ASSOCIATION (PRCA)

ANSI APPROVED National Standards Provide much needed Safety Guidance for the Largely Self-Regulated Industry

The standard Enables course owners and managers to conduct in-house training and Certify their own staff

On March 7, 2014 the American National Standards Institute (ANSI) announced (pg 17) their approval of the first consensus-based American National Standard for construction, inspection, maintenance and employee training/certification governing the Zipline, Canopy Tour, Ropes Challenge Course and Aerial Adventure Parks industry. The Professional Ropes Course Association (PRCA), the ANSI Accredited Standards Developer, will manage the new ANSI-PRCA Standards as Secretariat. 10.jpg

Says Mike Barker, Vice President of the PRCA Board of Directors: “This new ANSI Standard provides a consistent reference and much needed safety guidance for State Regulators, Inspectors, Insurers and Industry Professionals.” He adds, “Moreover, this standard enables course and tour owners/managers to conduct their own in-house training, certify their own staff and designate qualified persons to conduct course inspections – expensive services that previously required performance by a limited national vendor pool that couldn’t adequately service the entire industry.”

Steve Gustafson, President of the PRCA adds: “ANSI standards are subjected to an extensive vetting process, including consensus involvement by materially affected parties in the standards development process.” He adds, “The Professional Ropes Course Association (PRCA) is the Accredited Standards Developer and Secretariat of the ANSI approved Standards. Having worked for the past nine years to develop the standard, I’m proud of this accomplishment. The positive contributions that this standard brings to benefit safety for the public and for our industry are huge!”

The PRCA became the first ANSI Accredited Standards Developer (pg 17) for Ropes Courses, Ziplines, Canopy Tours and Aerial Adventure Parks in 2005. This accreditation ensures that the PRCA’s process for the development of the new standard was in compliance with ANSI Essential Requirements (E.R.) which include openness, lack of dominance, balance of industry representation, coordination and harmonization, transparency, public input, and avoid conflict or duplication of other previously announced candidate or published ANS.

Based on ANSI findings that no other candidate standards or ANS had been published to date for the industry, the PRCA Project Initiation Notification (PINS) was accepted and published by ANSI (pg 14). Since that time, the PRCA Candidate ANS underwent one informal and three (including the changes review) formal public review periods. Hundreds of volunteers presented over one thousand comments for consideration and review. During this process, the PRCA Consensus Body harmonized the Candidate ANS with European Standards, Australia/NZ Standards, ASTM, and other standards and regulations as needed. To further foster harmonization and balance, the PRCA offered the Association for Challenge Course Technology (ACCT) the opportunity to join with the PRCA and publish a joint standard, with fifty/fifty shared roles and profit sharing splits in addition to three voting positions on the PRCA Consensus Body, and one voting position on the continuous Standards Management Committee. On repeated occasions ACCT refused all offers of participation in the process.

It is the PRCA’s understanding that ACCT has chosen to file an appeal with ANSI per the appeal process afforded to all persons who have completed a standard developer’s appeal process. ACCT must show proof that ANSI did not follow their own procedures when approving the American National Standard. Further, ACCT states that they filed a successful appeal last July with the PRCA. This is partly true, yet disingenuous. While the ACCT appeal was granted on one out of three issues, this only meant that the PRCA had to clarify the fee structure for the PRCA appeal process, allowing interested parties an opportunity to file their appeals for a second time. This was conducted and no appeals were filed. In two previously filed appeals, both independent appeals panels found in favor of the PRCA stating that the procedures had been followed. This then cleared the way for the PRCA to submit the candidate standard for consideration this year, which was ultimately approved by ANSI as the American National Standard for the industry.

While the ACCT and others have the right to appeal and make accusations of an inability to participate, facts point to numerous invitations and public notices placed on industry listservs, the PRCA website, emails to the ACCT’s leadership and all of the ACCT PVM’s, emails to other materially affected Associations (BSA, ACA, GSA, etc), and published in the ANSI Standards Action Newsletter, to review and comment on the candidate standard, participate on the Consensus Body, and serve on the Standards management Committee or even participate in a joint standard. These facts go directly to an October 2006 decision by ANSI, whereas ANSI instructed the PRCA to view the ACCT as a materially affected Association and for both associations to make good faith efforts to harmonize with the ACCT in cooperative standard development. The PRCA did honor and respect ANSI’s decision by offering to share in a joint standard and serve on the PRCA Consensus Body, the ultimate gesture of goodwill and harmonization. Now, the ACCT must explain to ANSI why it has barred the PRCA from their process and other of their actions; and perhaps they will have to address their industry controlling actions of years past.

Meanwhile, the ANSI/ PRCA 1.0-.3 – 2014 stands as the ANSI approved American National Standards while any ACCT ANSI level appeal is conducted. This is now between ACCT and ANSI.

If you want more information on the American National Standard, what it is, the processes involved, how it applies, how it relates to the old PRCA and ACCT standards and how it saves you money go to www.prcainfo.org and click on Frequently Asked Questions on the 11.gif

American National Standard ANSI/PRCA 1.0-.03 – 2014

If your materially affected association would like to serve on the PRCA Standards management Committee or if you just want more information, please contact us at info

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Rocky Mountain Field Institute is hiring a full-time Volunteer Coordinator

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Rocky Mountain Field Institute is hiring a full-time Volunteer Coordinator based out of Colorado Springs, Colorado.The Volunteer Coordinator (VC) is responsible for developing, implementing, and maintaining an exemplary volunteer program that engages community volunteers in environmental restoration activities. The VC recruits and provides professional staff support to RMFI’s 2,000 annual volunteers (23,000 volunteer hours annually). The VC works under the Executive Director. This is a rewarding, community-focused position that will serve as the primary liaison between RMFI and our volunteers.

View job opening here

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RMFI On FacebookRMFI On TwitterThe RMFI Dirt Diaries BlogRocky Mountain Field Institute

815 South 25th Street, Suite 101
Colorado Springs, CO 80904
United States

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Unsubscribe From This Mailing Group.

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2014 Exhibitor Registration for National Get Outdoors Day Denver or Your City I suspect

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GOC

REGISTRATION IS NOW OPEN!

Register to be an Exhibitor at National Get Outdoors Day

Denver City Park – June 14, 2014

9am – 4pm

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Planning for the 7th Annual National Get Outdoors Day

is underway!

We are committed to providing an amazing day of free outdoor experiences and discovery at Denver City Park for all of our visitors. We hope you and your organization will join us again.

REGISTER NOW

NATIONAL GET OUTDOORS DAY 2014 EXHIBITOR PLANNING CALENDAR

April 23rd, 2pm

All Partners Meeting

Location TBD

_________

May 12th

Exhibitor Registration Deadline

_______

Friday, June 13th

MANDATORY Exhibitor Walk-Thru

Denver City Park –

Playground East of Ferril Lake, 11 a.m.

We hope to again host a partners BBQ after the walk-thru.

Set-up for the event will begin at 1pm.

Security will be on-site overnight

_______

Saturday, June 14th

National Get Outdoors Day

Denver City Park

6am – Exhibitor Gates Open

9am-4pm – Event

9am – GO Play 5K Starts

After Visitors Are Cleared – Exhibitor Gates Open for Clean-up


Environmental Education will be funded in 2014 by Congress!

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Policy Bulletin Banner
Jan 2014 – Issue 51
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In This Issue Congress Funds Environmental Education in 2014!
Article3Box1Congress Funds Environmental Education in 2014!bwet_home.jpgCongress has once again continued funding in FY 2014 for the key federal environmental education programs. This is despite the fact that the Administration eliminated these programs from the federal budget for the 2nd year in a row. The recently-passed FY 14 omnibus bill funds EPA’s and NOAA‘s environmental education programs at a combined $21 million in FY 2014. This includes $8.3 million for EPA’s National Environmental Education Act programs, $7.2 million for NOAA’s Regional B-WET programs and $5.6 million NOAA’s Educational Program Base that traditionally includes environmental literacy grants. This is a significant win in a year of budget showdowns and shutdowns. Importantly, these funds, while modest in comparison to the trillion dollar federal budget, have provided critical support to the environmental education field over the last several years. Stay tuned for future updates as the FY 2015 budget process unfolds!
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Vail ideas on staying safe on the slope

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In conjunction with January being National Safety Month, we’d like to remind you to be smart, be safe, and have fun! Whether you ski or ride, being educated in slope safety can help you enjoy your time on the mountain and reduce risk of accidents, injuries and loss of skiing/snowboarding privileges. Understand and follow the ten tips below to be safe on the slopes for the rest of the season.10 TIPS FOR STAYING SAFE ON THE HILL:1. Know the Code. Safety is everyone’s personal responsibility. Brush up on the Skier and Snowboard Responsibility Code this week. From looking uphill when merging to terrain park etiquette, these simple tips will help you stay safe and avoid serious injury whether you’re a first-timer or a seasoned veteran.

2. Obey closures and ski area boundaries. “Closed means closed”, whether it’s a rope, a sign or a combination of the two; it is everyone’s responsibility to be aware of and stay out of closed terrain. Skiing out of ski area boundaries is not only dangerous, it is also against the law. Consequences for slope safety violations vary and may include suspension or revocation of pass privileges and involvement of law enforcement where applicable.

3. Wear a helmet. It’s not a fad – helmets are here to stay. Pick up or rent your very own protective helmet to stay safe and warm.

4. Ask a pro. Looking for the easiest way down or want to try out a new trail? Ask one of the many mountain hosts or patrollers cruising the mountain for tips on terrain and trail conditions. Their wealth of knowledge will make a great day even better.

5. Take a lesson: Bring your skills to the hill and take a lesson at a Ski and Ride School near you. Honing your technique will make you a safer, more confident skier.

6. Drink water: Dehydration can be a serious condition after a long day on the slopes. Drinking water will help rehydrate your body, as well as prevent altitude sickness at higher elevations.

7. Be prepared for the elements. Higher elevations mean that conditions will vary from top to bottom. It also makes sunscreen one of the most important things you put on in the morning. Protect your eyes with sunglasses or goggles and bring extra layers to stay warm as the weather changes throughout the day. Facemasks protect exposed skin from frostbite and windy ridgelines.

8. Be aware of your surroundings. Can uphill skiers and riders see you? Can you see them? Being aware of your surroundings will keep you and other skiers/riders safe especially over busy holiday weekends and during peak vacation times when trails are often more crowded.

9. Ski with a buddy. Skiing and riding with friends is not only more enjoyable, but also safer – especially when exploring new terrain and enjoying deep powder. It also makes EpicMix photos more fun, so round up your friends for a great day on the mountain.

10. Bring a map. Ski areas can be daunting to navigate. Pick up a map to make sure you don’t get stuck on expert terrain when your legs are spent or to avoid exposure in poor visibility.

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American Alpine Club Journal is Looking for your Stories

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AAJ_Contribute_Graphic.6.jpgHi James,This year we will be delivering the American Alpine Journal in July, a month earlier—and that means our deadlines are approaching fast!

The AAJ is a collaborative effort, built by climbers and contributors like you from around the world. This means we depend on you and your friends to contribute your eyes and ears.

Get involved: Did you or someone you know do a new route in 2013? Did you climb or hear about a new route that’s regionally significant? Even if it’s only a few pitches long, we want to know about it. Maybe you discovered a new climbing area or did a first free ascent? Foreign expedition? Huge alpine climb? A new big-wall route? Well, the AAJ is the place to document it. Contribute to the 2014 AAJ.

We look forward to building this year’s AAJ with your input. Please contact us no later than January 31.

TELL US YOUR STORY


2014 UIAA Ice Climbing World Cup set to begin

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News Release2014 UIAA Ice Climbing World Cup set to beginLive streaming available on new competition website

9 January 2014, BERN, Switzerland: The UIAA – International Mountaineering and Climbing Federation is pleased to provide live streaming of the 2014 UIAA Ice Climbing World Cup at http:/www.iceclimbingworldcup.org which begins in Cheongsong, Korea on Saturday, 11 January 2014.

Cheongsong, Korea (UTC/GMT +9 hours) is the first stop of the annual competition circuit. The competition then moves on to Busteni (Romania), Saas Fee (Switzerland), Champagny-en-Vanoise (France), Rabenstein (Italy) and Ufa (Russia).

Please check the event calendar for Cheongsong to find the competition schedule when live streaming will be available.

You can also follow the competition on Twitter or Facebook.

There are two types of events which are part of the UIAA Ice Climbing World Cup:

Speed: competitors climb up an artificial ice wall in the fastest time.
Lead: competitors are judged on their ability to climb a difficult route in the best time.

There are two types of winners; those who win each phase of the competition and overall winners based on the total points accumulated throughout the competition.

About Goldwin Korea

The UIAA Ice Climbing World Cup is sponsored by Goldwin Korea which is the official license partner of The North Face in Korea. Goldwin Korea launched The North Face in Korea in 1997 and The North Face is now the leading outdoor brand in Korea.

The agreement involves a long-term commitment by the UIAA and Goldwin Korea to champion and develop the sport of competitive ice climbing.

About the UIAA

The UIAA was founded in 1932 and has 80 member associations in 50 countries representing about 2.9 million people. The organization’s mission is to promote the growth and protection of mountaineering and climbing worldwide, advance safe and ethical mountain practices and promote responsible access, culture and environmental protection.

The organization operates through the work of its commissions which make recommendations, set policy and advocate on behalf of the mountaineering community. The UIAA is recognized by the International Olympic Committee for mountaineering and natural surface climbing.

Ice climbing

Ice climbing (Photo credit: Wikipedia)


An Epic Ride Through the Grand Canyon Kevin Fedark presents his award winning book The Emeral Mile

Register to join us for this free reception and lecture by Kevin Fedarko, author of The Emerald Mile. CFWE is partnering with Metropolitan State University of Denver’s One World One Water Center to bring you this memorable evening– please join us on January 9, 2014 for a 6 pm reception and 7 pm lecture at the Marriott SpringHill Suites on the Auraria Campus of MSU Denver: 1190 Auraria Parkway, Denver, CO 80204.

Interested? The event is free, but you must RSVP here.

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UIAA Holiday Card

UIAA Xmas


Ice is Forming in Colorado and the Ouray Ice Fest is coming together

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2014 Ouray Ice Fest Clinics

The 2014 Ouray Ice Festival Clinics Schedule has been posted on our website. In association with the Ouray Ice Park Inc., we’re proud to offer the most unique ice climbing clinic schedule in North America. This year is one of the best line-ups ever with clinics by La Sportiva, Outdoor Research, Mammut, Mountain Hardwear, Petzl, Black Diamond, and many, many more.

Each clinic is taught by professional athletes and guides such as Conrad Anker, Steve House, Carlos Buhler, Vince Anderson, Jen Olson, Dawn Glanc, Margot Talbot – and that’s just a few!!

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Sales for the clinics and seminars will begin on Thursday November 14th, 2013 – so make sure to “window shop” and decide which clinics you’d like to participate in.

Come and join us for North America’s iconic and 19th Annual Ouray Ice Climbing FestivalJanuary 9 – 12, 2014. See you there!!

Nate Disser & the SJMG Team
800.642.5389
www.mtnguide.net
info

Ouray Ice Festival Clinics / Seminars ice.fest.clinics.internal.jpg2014 Clinic Schedule

We have organized a ton of unique and informative ice climbing clinics to appeal to first-time ice climbers and experienced veterans alike. Climbers of all ability levels and backgrounds can choose from over 100 half-day clinics and full-day seminars – including backcountry ice and ski options. Don’t miss your opportunity to learn from the best!

Ice Fest Clinic Schedule
Clinic Sales begin on November 14, 2013 @ 0800 MST

San Juan Ice Conditions Update

ribbon2.jpgIce Climbs Are In!!

Due to ample fall moisture in the form of rain and high country snow, many of the classic ice lines of the area are already climbable or forming up better than we have seen in almost a decade! This is the year to climb classics like The Ribbon, Bird Brain Boulevard, Ames Ice Hose, Bridalveil Falls and more! Ice climbing in November and December is some of the best climbing of the year.

Early Season Ice Climbing Course
Private/Custom Ice Guiding
Trip Report from a climb of The Ribbon Ice Route
Ouray/San Juan Ice Conditions Page

SJMG BLOG REQUEST INFO

San Juan Mountain Guides, LLC
725 Main St. Ouray, CO 81427 or 1111 Camino del Rio, Durango, CO 81301

800.642.5389
www.mtnguide.net
info

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CAEE Call for Presenters Teaching Outside the Box

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Potential Conference Topics:Advancing

Environmental Literacy

Arts and Culture

Assessment

Climate Change

Community Engagement and Outreach

EE in the Classroom and Green Schools

Inclusive EE

Nature and Wildlife

Outdoor Classrooms

Reaching Unrepresented Communities in EE

Research, Trends,

and Techniques

Stewardship and Sustainability

Technology and EE

Join us!Like us on Facebook Follow us on Facebook

Follow us on Twitter Follow us on Twitter

Visit our blog Visit out Blog

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Call for Session Proposals:

Teaching OUTSIDE the Box Conference 2014

Share your ideas, research, programs, and techniques with your peers at:Teaching OUTSIDE the Box 2014

Colorado’s Conference on Environmental Education

Date: Thursday, March 20-Saturday, March 22

Location: Denver

(Currently finalizing exact location and will announce soon)

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The tagline for this year’s Teaching OUTSIDE the Box (TOTB) conference is:

Share, EEvolve, Grow.

This relates to environmental education(EE) in the past and present in Colorado and the evolution of EE towards the future. We look forward to seeing sessions that highlight this.

Submitting Your Session Proposal Due Tuesday, November 12

Contribute your expertise and help keep Teaching OUTSIDE the Box one of the most anticipated and respected professional development opportunities for environmental educators in Colorado and beyond!

The conference will offer a variety of sessions, inspiring keynotes, opportunities for networking and discovering new resources, tools and techniques.

We encourage session proposals that highlight exemplary and innovative EE programming from a variety of focus areas, sectors, and perspectives from both formal and nonformal educators as well as others that overall support EE.

We are also looking for sessions for audiences that are both newer to the field of EE and have been involved for several years.

Submit your online session proposal by

Tuesday, November 12.

For more information about presenting and the online application, click here.

Please help CAEE spread the word about the call for sessions with any of your contacts/networks that you think would be interested in this opportunity-we have some exciting changes at the conference this year and look forward to welcoming new and familiar attendees.

Other Conference Details

NEW CHANGES TO TOTB! Over the summer CAEE collected feedback on future Teaching OUTSIDE the Box Conferences. We listened to your feedback and made two significant changes to our conference. We have moved the date of the conference to early March and have conference sessions on both a work day and weekend date to accommodate various schedules-starting with a kick-off event on Thursday evening.

Scholarships: Limited scholarships are available for conference attendees. Apply online by January 15: https://www.caee.org/totb-scholarships

Registration: Online conference registration will be available by December.


American Avalanche Association: AVPRO course location and dates

The American Avalanche Association is pleased to announce this year’s AVPRO course location and dates.

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Join UsAVPRO 2014
Greetings A3 Members,The American Avalanche Association is pleased to announce this year’s AVPRO course location and dates. For the first time AVPRO is coming to Lake Tahoe, CA/NV February 25-March 4, 2014. Drawing on Lake Tahoe’s deep ski industry history, abundant yearly snowfall, and steep rugged terrain, students will spend time learning from some of the industry’s most experienced avalanche professionals. Details can be found at www.americanavalancheassociation.org/edu_courses.php.Who should attend AVPRO? AVPRO is intended for all disciplines of avalanche professionals with a solid background in avalanche fundamentals, companion rescue, and basic snow assessment. The course will continue to build on this foundation of snow science with an emphasis on high level of companion and organized avalanche rescue, accurate and advanced snow stability assessment, and avalanche control programs and procedures. Other common questions and answers can be found at http://americanavalancheassociation.org/pdf/AVPro_FAQs.pdf or by contacting our new AVPRO coordinator, Dallas Glass.Join us this season for what will be an exciting time of learning and networking as avalanche professionals.

dallas

Dallas Glass
AVPRO Coordinator- Education Committee
American Avalanche Association
dallasglass
205-994-4778


Based on the article yes there was going to be a lawsuit

You can’t make a customer happy when they hurt and you yell at them

Here are the facts as put forth in the article. A man riding a zip line hit a tree. The tree was padded. The man was supposedly stuck in a tree, injured while an employee yelled at him. The injured man supposedly tore a tendon in his right knee and required surgery.

The article says, the lawsuit says a “worker or manager accused [plaintiff] of not following park rules and injuring himself on purpose…”

I’ve torn tendons; they hurt. I would have gone for a sprained ankle if I needed an injury. But again, that is hard to do on a zip line.

“Said employee argued with Plaintiff and his wife over whose fault the accident was until several minutes had elapsed while Plaintiff was still in the tree in agony,” the lawsuit states.

The lawsuit states that the Zoom Air Daytona employee argued about whether Farrell should call an ambulance. The lawsuit said the employee did not help obtain any medical treatment for Farrell. It was Farrell’s wife who got ice for her husband from their vehicle, he said.

Do Something

Or in this case don’t do something. If you believe you have a fraudulent accident occurring on your property your response is no different from any other injured person, legitimate or not. Your investigation should be immediate, thorough and include every witness statement or comment you can find.

The suit claims the man is suing because the defendant did not “”adequately” train its customers or “adequately” supervise its zip lines.”

Customer training is the nightmare of all outdoor companies. Are they listening to you? What do you have to get across to them? What do they need to know? What do you feel you legally need to tell them?

However, I have NEVER seen a claim that you were negligent in not training a customer properly.

See Man claims injury on Daytona Beach park zip line

What do you think? Leave a comment.

If you like this let your friends know or post it on FaceBook, Twitter or LinkedIn

Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law  Rec-law@recreation-law.com      James H. Moss         Jim Moss

#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, Zip Line, Daytona Beach, Tuscawilla Park, Zoom Air, Volusia County, William Farrell, Customer Service, Zip Line, Tendon, Ropes Cours,

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Help Save the Colorado River and maybe win a Raft Trip

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Hello Friends of the Colorado River!

Ready for some summer fun?! Today we are launching a photo contest, the winner of which will receive a free raft trip through the Gates of Lodore on the Green River in Dinosaur National Monument! oars1.jpg

You can enter to win by clicking here!

Our amazing friends at O.A.R.S rafting have offered this great 4 days/3 nights trip for 2 people to help protect the Colorado River and support our organization. What do you have to do to win? Just send us your coolest, funnest photos of recreating on water on the Colorado River or on any river in the Southwest U.S.

Do you have great rafting, kayaking, swimming, playing in water photos? How about photos of kids covered in mud alongside the river? Send them to us here!

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Here’s the itinerary of the great rafting trip. It will take you through the heart of Dinosaur National Monument and one of the most scenic and remote canyons in the U.S.

The contest will run through July 25th –which is “Colorado River Day!”– and then we will let the public vote on the coolest photo to choose the winner of the trip. So, take a look through your photos, or better yet go out and take some photos this weekend, and send them to us here. Stay tuned for ongoing updates about this photo contest. And, again a BIG THANK YOU to O.A.R.S for offering this free trip!

Ready for some summer political action?! We are supporting our friends at Utah Rivers Council in Salt Lake City in their efforts to hold the Utah State governmenturc-audit.jpg accountable for its water policies. The Utah Rivers Council has launched a petition to force an “audit” of the Utah State Division of Water Resources. The Council alleges that the State is “cooking the books” and basically making up numbers to support proposals for massive new pipeline projects that would further destroy the Colorado River. Today the Salt Lake Tribune editorialized in support of the audit and accused the State of “lies, dam(n) lies, and statistics” by making up numbers and saying just about anything to support its pipeline proposals. The Deseret News also wrote a strong story about the issue. Major kudos go to the Utah Rivers Council which is a scrappy, gritty band of river protectors in Utah, just the kind of eco-heroes we need to protect the Colorado River for future generations. Please sign the petition here!

Like Save the Colorado on Facebook here Follow Save The Colorado on Twitter here


Want a job rowing a boat or motor rig in the Grand Canyon?

Hello everyone,

Poster for Grand Canyon National Park, Arizona...

Poster for Grand Canyon National Park, Arizona, USA (Photo credit: Wikipedia)

There are 2 small craft operator (whitewater boat operator) positions now open in Grand Canyon National Park. The positions opened today, June 17th and will be open for applications until July 12th. The positions have a 4 year term. You can access the job posting/descriptions/requirements and apply online at:

https://www.usajobs.gov/GetJob/ViewDetails/345603000

This information came from the Grand Canyon River Guides Association. If you love the Grand Canyon, you should be a member.

 

GCRG BW LOGO High Res (2)


Plaintiff uses standards of ACCT to cost defendant $4.7 million

Judgment included $1,110,000 in punitive damages, which is not covered by insurance and not dischargeable in bankruptcy.

Keeter v. Alpine Towers International, Inc., 399 S.C. 179; 730 S.E.2d 890; 2012 S.C. App. LEXIS 171

Plaintiff: Lawrence Keeter, Ronald Travis Keeter, and Rebecca Keeter,

Defendant: Alpine Towers International, Inc., and Ashley Sexton

Plaintiff Claims: strict liability, negligent design, and negligent training

Defendant Defenses: (1) judgment notwithstanding the verdict as to all causes of action and punitive damages, (2) a new trial, (3) an order requiring Larry to elect between the three causes of action, (4) set-off of the settlement paid by Fort Mill.

Holding: for the plaintiff’s in the amount of $3,400,500.00 actual damages and $1,110,000.00 in punitive damages.

This is the appeal that I first reported at “$4.7 million-dollar verdict in climbing wall case against Alpine Towers in South Carolina Court” The plaintiff at the time of his injury was a 17-year-old student who after falling 20’ was rendered a paraplegic.

This is sad, tragic, and honestly, a disaster of a case for both the defendant and the plaintiff. Worse, this case will have far-reaching effects into the climbing wall and ropes’ course industry. It probably won’t have any effect on those association’s writing standards; however, here again, this case is proof that writing standards by an association creates the cause of action needed by the plaintiff to win and in this case, win big.

The facts of the case are convoluted and made so not by what happened, but by the contracts created by the defendant.

The defendant built an Alpine Tower and sold it to an amusement park, Carowinds. The owner, Fort Mill purchased the Alpine Tower from Carowinds. Fort Mill (former defendant who probably settled out of the case) hired the defendant Alpine Towers International “to move it, install it, and train Fort Mill’s faculty to use it safely.” The term “it” in the sentence means the alpine tower. The contract to provide those services was probably the normal contract used when selling a tower by the defendant because it referred to Alpine Towers as the “Seller.” This came back to haunt the defendant because a seller has a greater degree of liability than just a mover. The agreement stated the seller would do much more than just move the tower.

The plaintiff was climbing the tower with another student belaying him. The belay rope became stuck in the belay device. The instructor was close by, and the student attempted to un-stick the rope herself. In doing so the belayer lost control of the rope, and the climber/plaintiff fell to the ground breaking his back. The plaintiff was rendered a paraplegic by the fall.

The plaintiff sued based on three causes of action.

(1) Alpine Towers was strictly liable for the manufacture and sale of a defective and unreasonably dangerous product; (2) Alpine Towers negligently designed the climbing tower without adequate safety equipment, instructions, and warnings; and (3) Alpine Towers was negligent in failing to properly train Fort Mill’s faculty on how to safely use the climbing tower, particularly in failing to train the faculty to teach student belayers to safely use the belay system.

The jury found for the plaintiff and his parents on all causes of action and awarded the plaintiff damages.

It awarded $500.00 for strict liability, $900,000.00 in actual damages and $160,000.00 in punitive damages for negligent design of the tower, and $2,500,000.00 in actual damages and $950,000.00 in punitive damages for Alpine Tower’s negligence in training Fort Mill’s faculty. The jury also returned a verdict for Larry’s parents for $240,000.00 in actual damages.

Summary of the case

The defendant appealed only the injured plaintiff’s claims and judgment, not the plaintiff’s parent’s claims. The defendant lost all of its arguments on appeal.

The first issue and the third most aggravating issue in this decision was how the court accepted the jury’s decision on the strict liability theory claim. The plaintiff’s experts argued that the belay device being used on the tower was operated manually and if the defendant has supplied automatic devices the fall would not have occurred.

…Gerald George, Ph.D., testified that the Trango Jaws relies on the absence of human error to safely belay a climber. He explained that it was feasible to use an alternative design for the climbing tower incorporating a belay device called a GriGri.

“Absence of human error” is how all accidents occur.

Dr. George testified that without incorporating a “fail-safe” belay device such as the GriGri into the design of a climbing tower used for students, the climbing tower is defective and unreasonably dangerous.

So by using a particular belay device, which was not part of the climbing wall, the defendant was strictly liable. The defendant was liable for the injury because the tower was “defective” based upon the choice of belay devices.

The next issue was the negligent design claim. Negligent design in South Carolina is a failure to exercise due care with the focus on the conduct of the seller or manufacturer. The proof the court accepted in this case was:

[Plaintiff] presented evidence that Alpine Towers conducted a ten-year study ending in 1999 that concluded the majority of accidents on its climbing towers were caused by human error, specifically belayers dropping their climbers.

Proof of the negligent design claim is knowing you have a problem that injures people and failing to do anything about it. The study was the proof of the knowledge, and the plaintiff’s injury was proof of failing to do anything about the problem.

Granted, it seems to be a stretch to apply design to belayers dropping climbers; however, if you look at the structure as including the ropes and belay devices, then the claim makes more sense.

The negligent training claims the final claim and the one that will create the most problems for other people within the industry. The contract signed by the defendant for moving the tower stated that defendant would teach the owner how to use the tower. The purchaser, Fort Mill, intended to use it to teach climbing and belaying. The defendant had manuals, curriculums and classes in how to belay; however, it did not teach the owner how to teach how to belay.

First, Alpine Towers uses a written syllabus when it conducts classes to teach adults how to belay. However, it did not provide the syllabus to Fort Mill to enable Fort Mill to effectively teach students. Second, the belay system designed by Alpine Towers relies on a faculty supervisor to ensure the students are properly belaying the climbers. In addition to [defendant’s employee’s] testimony as to where the faculty supervisor should be positioned, the CEO of Alpine Towers, Joe Lackey, testified, “the staff member should stand directly behind the climber, . . . not thirty feet away.”

However, it gets worse. The plaintiff’s expert testified that no one should belay until they have been tested.

Moreover, despite knowing that Fort Mill would be teaching students to belay and that students were more susceptible to making belaying errors than adults, Alpine Towers did not teach Fort Mill that it should test the students’ competency before allowing them to belay a climber. [Plaintiff’s expert] testified “as a matter of course in my industry, participants are tested,” including whether they are “able to . . . belay in a competent manner, catch falls, lower somebody . . . off a climb.”

However, the statements of the plaintiff’s experts were reinforced by the trade association that the defendant belonged to and that his own employees served on.

Alpine Towers has several employees who serve on the standards committee for the Association for Challenge Courses Technology, which [defendant] called a “climbing society.” Despite evidence of this standard climbing industry practice, Alpine Towers did not teach Fort Mill that it needed to test, how the tests should be conducted, or what particular skills should be tested.

Once again, the trade association (or as the defendant described it the “climbing society”) created standards which instead of helping the defendant win a trial, were used at trial to prove the defendant was negligent.

The final defense to the jury verdict raised by the defendant was Intervening Causation. Basically, this is an argument that something happened after the negligent acts of the defendant caused by a third party who either relieved the defendant of liability or is the real cause of the injury. If the intervening act was foreseeable, then it does not break the chain of liability between the parties. To be a defense, the intervening act must be the “bolt of lightning” without a thunderstorm, which came out of nowhere.

The test for whether a subsequent negligent act by a third party breaks the chain of causation to insulate a prior tortfeasor from liability is whether the subsequent actor’s negligence was reasonably foreseeable. “For an intervening act to break the causal link and insulate the tortfeasor from further liability, the intervening act must be unforeseeable.”

The defendant argued that the actions of the belayer, a co-defendant and the Fort Mill’s actions were an intervening cause. However, in this case, the acts of the defendant were foreseeable. In fact, for the belayer dropping a climber, the defendant had a study which showed what would happen.

So Now What?

The list of errors here is massive. Those errors were magnified by the plaintiff’s experts and trade association to which it belonged.

Marketing makes promises that Risk Management (actually your insurance company in most cases) must pay for. Here the wrong agreement was used where too many promises were made that were not kept by the defendant. If you put it in writing, you better make sure you are doing it; you have to complete the terms of the contract.

Add to that the language of the agreement using the term seller. The defendant created greater liability for itself. A mover moves; a seller agrees to move, set up, and in this case train.

It appears the plaintiff hired better experts. The court quoted from two of the plaintiff’s experts liberally. The court did not make a single quote from the defendant’s experts, or even mention if the defendant had an expert witness.

The defendant did a ten-year study on how people were injured using its towers. As usual, with a study that is not thought-out or done so with legal help, even when there could be legal consequences. The study was used by the plaintiff and the court to prove how negligent the design of the tower was. The study showed that most people were injured by belayers that dropped the climbers. That is what happened in this case.

The defendants own study showed the event was foreseeable, and occurred frequently. That was all the proof the plaintiff needed. If you do a study about injuries, you better solve the problems the study identifies. You just can’t look at the study and say, wow, what a great study.

Remember the big maps in ski patrol headquarters at ski resorts. Patrols used to stick a push pin or mark on the map were accidents occurred. Those maps are no longer found at the headquarters because they were proof that the ski area knew that accidents occurred at the locations with lots of holes in the map. If the injured skier can show his injury occurred at a holey part of the map, winning became much easier.

The worst part of this case is not in how it affects the defendant. The worst part is how this is going to affect climbing walls and rope’s courses across the US.

·        Instructors are going to have to stand behind belayers.

·        Instructional manuals have to be written in conjunction with an attorney. In this case, valuable information was removed from the manual which the judge attributed to a cause leading to the accident.

·        Belay devices are going to be a nightmare. Do you use one that does not fail, but that humans fail to use properly or do you use a static device.

·        Before allowing anyone to belay anywhere in the future the belayer is going to have to be tested.

The coup d’état or fait accompli of the case was the judge accepted that the defendant, who had several employees serving on the ACCT standards committee, failed to meet the standards created by the ACCT. What standard? The standard created on how to teach and test belayers.

Alpine Towers has several employees who serve on the standards committee for the Association for Challenge Courses Technology, which Lackey called a “climbing society.” Despite evidence of this standard climbing industry practice, Alpine Towers did not teach Fort Mill that it needed to test, how the tests should be conducted, or what particular skills should be tested.

Then the defendants own instruction manual was quoted by the court as proof the defendant had not followed its own standards.

Ashley testified she was not given a written test, but was required to do a “demonstration” and be watched by a faculty member to make sure she “knew how to do it.” There was no evidence; however, that Alpine Towers took any steps to ensure Fort Mill gave an adequate test of her competency. In fact, Alpine Towers’ instruction manual says only that students “will demonstrate proficiency in belaying before being permitted to belay.”

This is an appellate court decision; I searched but could not find out if this has been appealed to the South Carolina Supreme Court. Hopefully……

What do you think? Leave a comment.

If you like this let your friends know or post it on FaceBook, Twitter or LinkedIn

Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law            Rec-law@recreation-law.com   James H. Moss       #Authorrank

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Keeter v. Alpine Towers International, Inc., 399 S.C. 179; 730 S.E.2d 890; 2012 S.C. App. LEXIS 171

Keeter v. Alpine Towers International, Inc., 399 S.C. 179; 730 S.E.2d 890; 2012 S.C. App. LEXIS 171

Lawrence Keeter, Ronald Travis Keeter, and Rebecca Keeter, Appellants/Respondents, v. Alpine Towers International, Inc., and Ashley Sexton, Defendants, Of Whom Alpine Towers International, Inc., is Respondent/Appellant.

Opinion No. 4995

COURT OF APPEALS OF SOUTH CAROLINA

399 S.C. 179; 730 S.E.2d 890; 2012 S.C. App. LEXIS 171

December 6, 2011, Heard

June 27, 2012, Filed

SUBSEQUENT HISTORY: Rehearing denied by Keeter v. Alpine Towers Int’l, Inc., 2012 S.C. App. LEXIS 248 (S.C. Ct. App., July 31, 2012)

PRIOR HISTORY: [***1]

Appeal From York County. Appellate Case No. 2009-137246. John C. Hayes, III, Circuit Court Judge.

DISPOSITION: AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

COUNSEL: Richard A. Harpootlian and Graham L. Newman, both of Richard A. Harpootlian, P.A., of Columbia, for Appellants/Respondents.

Charles E. Carpenter, Jr., and Carmon V. Ganjehsani, of Carpenter Appeals & Trial Support, LLC, of Columbia, and Thomas C. Salane, of Turner, Padget, Graham & Laney, P.A., of Columbia, for Respondent/Appellant.

JUDGES: FEW, C.J. KONDUROS, J., concurs. THOMAS, J., concurring in a separate opinion.

OPINION BY: FEW

OPINION

[*184] [**893] FEW, C.J.: Lawrence “Larry” Keeter and his parents brought this action against Alpine Towers International, Inc., for strict liability, negligent design, and negligent training after Larry broke his back and became a paraplegic as a result of a fall to the ground from a climbing tower designed, manufactured, and installed by Alpine Towers. The jury awarded actual and punitive damages in favor of Larry and actual damages in favor of his parents for Larry’s medical bills. After both sides filed post-trial motions, the trial court entered separate judgments in favor of Larry and his parents. Alpine Towers appeals the trial court’s decision [***2] to deny its motions for directed verdict and judgment notwithstanding the verdict (JNOV) as to actual and punitive damages, and its motion for a new trial due to an alleged error as to apportionment. Larry appeals the trial court’s ruling requiring him to elect between his three causes of action. We affirm the denial of Alpine Towers’ motions. However, we hold the trial court incorrectly interpreted the jury’s verdict and erred in requiring [*185] Larry to elect. We remand to the trial court with instructions to enter judgment in Larry’s favor against Alpine Towers in the amount of $3,400,500.00 actual damages and $1,110,000.00 punitive damages. 1

1 The judgment in favor of Larry’s parents is not affected by this appeal.

I. Facts

On May 5, 2006, the senior students at Fort Mill High School (Fort Mill) participated in a spring fling recreational field day. During field day, Larry fell more than twenty feet from the climbing tower to the ground. When he hit the ground, Larry broke a vertebra and was rendered a permanent paraplegic. He was seventeen.

Alpine Towers originally sold the climbing tower to Carowinds amusement park near Charlotte, North Carolina. Fort Mill bought the tower from Carowinds [***3] in July 2004 and hired Alpine Towers to move it, install it, and train Fort Mill’s faculty to safely use it. Fort Mill’s contract with Alpine Towers identifies Alpine Towers as “seller” and provides: “Installation includes all hardware, materials, . . . labor, . . . design work, . . . and staff training.” The wooden climbing tower is fifty feet tall, has three sides, and is shaped liked an hourglass. The central safety feature of any climbing tower is the belay system. 2 Alpine Towers designed the belay system on this climbing tower to include four participants–the climber, a primary belayer, a back-up belayer, and a faculty supervisor. The system requires the climber to wear a harness, which is secured to a climbing rope. The rope passes through a pulley at the top of the tower and down to a belay device secured to the ground at the base of the tower. The rope is threaded through the belay device, which uses bends in the rope to create friction to control the speed at which the rope passes through the device. As the [**894] climber ascends, the belayer guides the rope through the belay device to keep the rope taut. If the climber falls from the tower while climbing, [*186] the belayer uses the friction [***4] the belay device creates on the rope to keep the rope from passing back through the device, and thus protects the climber from falling all the way to the ground.

2 Alpine Towers’ instruction manual defines “belay” as “the rope or technique . . . that is used to protect a climber from falling to the ground.” See also Merriam-Webster Collegiate Dictionary 111 (11th ed. 2004) (defining belay as “the securing of a person or a safety rope to an anchor point (as during mountain climbing)”).

After a successful climb, or in the event the climber falls before completing the climb, the belayer lowers the climber to the ground in a controlled fashion by guiding the rope back through the belay device. The friction created on the rope allows the belayer to control the speed of the climber’s descent. 3 Because of the hourglass shape of the tower, a climber being lowered to the ground by the belayer is suspended in air, away from the side of the tower.

3 Alpine Towers’ CEO explained that “not very much” strength is required to hold a climber in the air because the weight is transferred through the belay device to the rope attached to the ground, so that a lightweight belayer can easily lower even a heavy [***5] climber.

Ashley Sexton, a senior at Fort Mill, served as Larry’s primary belayer. Fort Mill trained Ashley to belay as a part of the Junior ROTC program. Larry had never been trained in belaying or climbing, but successfully climbed to the top of the tower. Ashley testified that while she was lowering Larry to the ground “the rope . . . got[] tight in the [belay device] almost as if it were stuck” and would not move. Neither Ashley nor anyone at Fort Mill had been taught what to do if the rope became stuck in the belay device. When Ashley tried to free the rope, she lost the assistance of the device, was unable to control the rope, and Larry fell more than twenty feet to the ground.

Alpine Towers designed the belay system on the climbing tower and trained Fort Mill’s faculty how to use it. Alpine Towers provided no notice or warning to Fort Mill’s faculty that the climbing rope could get stuck in the belay device it designed into the system. Alpine Towers also provided no training or instruction on how the belayer or faculty supervisor should handle the situation if it did. Alpine Towers chose not to incorporate into the design a readily available, automatically locking belay device [***6] Larry’s experts testified would have stopped Larry’s fall. Alpine Towers did not train Fort Mill’s faculty to require the faculty supervisor to stand directly beside the belayer, which Alpine Towers admitted at trial [*187] should always be done to ensure that proper procedures were followed in the climb and to assist the belayers in the event of a situation like the one that resulted in Larry’s fall. When Larry fell, no back-up belayer was present, and no faculty supervisor was close enough to assist Ashley.

II. Procedural History

All of Larry’s damages were caused by the broken back he suffered as a result of his fall. Larry asserted three causes of action presenting three alternative theories of Alpine Towers’ liability for those damages: (1) Alpine Towers was strictly liable for the manufacture and sale of a defective and unreasonably dangerous product; (2) Alpine Towers negligently designed the climbing tower without adequate safety equipment, instructions, and warnings; 4 and (3) Alpine Towers was negligent in failing to properly train Fort Mill’s faculty on how to safely use the climbing tower, particularly in failing to train the faculty to teach student belayers to safely use the belay [***7] system.

4 Because Alpine Towers did the “design work” for the installation of the tower at Fort Mill, Larry’s negligent design theory includes allegations of negligence in failing to design the tower to meet the specific safety needs of Fort Mill.

Larry also filed suit against Ashley for negligence. Larry’s parents filed suit against Alpine Towers and Ashley for Larry’s medical bills. Larry and his parents settled with Fort Mill before filing suit and dismissed Ashley as a defendant before trial. The jury returned a verdict for Larry on each cause of action. It awarded $500.00 for strict liability, 5 $900,000.00 in actual damages and $160,000.00 in punitive damages for negligent design of the tower, and $2,500,000.00 in actual damages and $950,000.00 in punitive [**895] damages for Alpine Tower’s negligence in training Fort Mill’s faculty. The jury also returned a verdict for Larry’s parents for $240,000.00 in actual damages.

5 The jury originally returned a verdict on the strict liability cause of action in favor of Larry, but with zero damages. After the trial court instructed the jury that it must either award damages to Larry or find in favor of Alpine Towers, it returned a $500.00 award.

[*188] Alpine [***8] Towers filed a post-trial motion seeking (1) judgment notwithstanding the verdict as to all causes of action and punitive damages, (2) a new trial, (3) an order requiring Larry to elect between the three causes of action, (4) set-off of the settlement paid by Fort Mill, and (5) apportionment under the Contribution Among Joint Tortfeasors Act. The trial court denied the JNOV, new trial, and apportionment motions. The court required Larry to elect between his causes of action and ordered that the settlement from Fort Mill be set-off against Larry’s recovery from Alpine Towers. Larry also filed a post-trial motion asking the trial court to enter judgment in the cumulative amount of the damage awards rather than require him to elect. The court denied Larry’s motion and ordered that judgment be entered in the amount of $2,500,000.00 in actual damages and $950,000.00 in punitive damages on the negligent training cause of action.

III. Alpine Towers’ Appeal

A. Directed Verdict and JNOV–Actual Damages

[HN1] “In ruling on motions for directed verdict and JNOV, the trial court is required to view the evidence and the inferences that reasonably can be drawn therefrom in the light most favorable to the [***9] party opposing the motions.” McMillan v. Oconee Mem’l Hosp., Inc., 367 S.C. 559, 564, 626 S.E.2d 884, 886 (2006). “When we review a trial judge’s . . . denial of a motion for directed verdict or JNOV, we reverse only when there is no evidence to support the ruling or when the ruling is governed by an error of law.” Austin v. Stokes-Craven Holding Corp., 387 S.C. 22, 42, 691 S.E.2d 135, 145 (2010).

In its motions for directed verdict and JNOV, Alpine Towers contested all liability issues, including the sufficiency of the evidence supporting each of Larry’s causes of action. In its Statement of Issues on Appeal, Alpine Towers contends only that the trial court should have granted its motions because the chain of causation was broken as a matter of law. Specifically, Alpine Towers contends the chain of causation was broken by (1) “the intervening and superseding negligent [*189] acts of Fort Mill High School and Ashley Sexton in failing to follow the warnings, directions, and instructions for proper use of the Tower” and (2) “the intervening and superseding negligent acts of Fort Mill High School in failing to undertake its independent duty to properly supervise its students.” However, because [***10] both Larry and Alpine Towers address in their briefs the sufficiency of the evidence supporting each of Larry’s causes of action, we do as well. We find ample evidence to support the jury’s verdict as to each. We also find ample evidence that Ashley’s negligence and any negligence by Fort Mill was foreseeable to Alpine Towers, and thus their negligence does not break the chain of causation from Alpine Towers’ tortious conduct.

1. Strict Liability

In his strict liability theory, Larry focused on Alpine Towers’ design of the climbing tower to incorporate a belay device called Trango Jaws. The Trango Jaws is operated manually and requires the belayer to properly position the climbing rope in the Trango Jaws to create the friction necessary to stop the rope and then control the rate of the climber’s descent. Larry’s expert witness in biomechanics and sports safety, Gerald George, Ph.D., testified that the Trango Jaws relies on the absence of human error to safely belay a climber. He explained that it was feasible to use an alternative design for the climbing tower incorporating a belay device called a GriGri. 6

6 The GriGri costs approximately $75, and the Trango Jaws costs approximately $24. [***11] The CEO of Alpine Towers testified the difference in cost is an “inconsequential amount of money.”

The GriGri is a mechanical device that, when properly threaded, does not rely on the absence of human error. In the event the belayer loses control of the rope, the GriGri automatically stops the rope, and thus protects the climber from falling to the ground. Larry’s climbing wall safety expert, Dan Hague, testified that the GriGri “locks up automatically, . . . you’re not relying on the actions of the belayer to lock the device up.” [**896] He emphasized that the automatic stopping feature of the GriGri is particularly important when students are belaying climbers because of the heightened likelihood of human error. To account for this foreseeable risk, Hague “always uses the GriGri with kids.” In Hague’s opinion, “this injury would not have occurred had a GriGri [*190] been in use that day.” As a normal part of its business, Alpine Towers sells the GriGri for a variety of uses, including on its own climbing towers. Dr. George testified that without incorporating a “fail-safe” belay device such as the GriGri into the design of a climbing tower used for students, the climbing tower is defective and unreasonably [***12] dangerous.

Alpine Towers’ argument that the evidence in support of Larry’s strict liability cause of action is insufficient is that there is no evidence the tower “was in a defective condition, unreasonably dangerous to the user . . . when it left the hands of the defendant.” See Bragg v. Hi-Ranger, Inc., 319 S.C. 531, 539, 462 S.E.2d 321, 326 (Ct. App. 1995). However, the evidence discussed above amply supports the jury’s finding that it was. Moreover, the GriGri qualifies as a “reasonable alternative design” as required under Branham v. Ford Motor Co., 390 S.C. 203, 225, 701 S.E.2d 5, 16 (2010). The trial court correctly denied Alpine Towers’ directed verdict and JNOV motions as to strict liability.

2. Negligent Design

[HN2] “A negligence theory imposes the additional burden on a plaintiff ‘of demonstrating the defendant . . . failed to exercise due care in some respect, and, unlike strict liability, the focus is on the conduct of the seller or manufacturer, and liability is determined according to fault.’” Branham, 390 S.C. at 210, 701 S.E.2d at 9 (quoting Bragg, 319 S.C. at 539, 462 S.E.2d at 326). In his negligent design theory, Larry also relied on the evidence that Alpine Towers should [***13] have used the GriGri in designing a climbing tower to be used by students, particularly student belayers. However, in addition to evidence that the tower was defective and unreasonably dangerous without the GriGri, Larry presented evidence that Alpine Towers failed to exercise reasonable care in the design. Specifically, Larry presented evidence that Alpine Towers conducted a ten-year study ending in 1999 that concluded the majority of accidents on its climbing towers were caused by human error, specifically belayers dropping their climbers. Despite this knowledge, Alpine Towers chose not to design for human error by including a belay device that would automatically lock and prevent the rope from passing back through the [*191] device, thus preventing a fall to the ground such as the one Larry suffered.

Moreover, Larry’s experts testified to several breaches of Alpine Towers’ duty of reasonable care in designing the warnings and instructions on the tower. In particular, Larry’s experts testified faculty supervisors should be instructed to remain within reaching distance of active belay ropes. Alpine Towers’ employee John Mordhurst conceded this instruction was necessary. Mordhurst testified [***14] a faculty supervisor should be at each belay point, and “[t]hey should be . . . in a position to intervene to grab a rope, . . . so they should be right next to the belayers and belay monitors.” In the 1997 edition of Alpine Towers’ instruction manual for the climbing tower, the section entitled “The Belay System” includes this requirement: “[P]rograms should require staff to check the belayer’s and climber’s systems prior to climbing and lowering; . . . the staff member should stand directly beside the climber.” However, Alpine Towers omitted the statement containing this requirement from the 2004 edition of the instruction manual, the edition it provided to Fort Mill.

Additionally, Dr. George testified Alpine Towers should have placed end user warnings on the tower for someone like Larry, who climbed for the first time without any instruction, and Ashley, who never received an instruction manual. Dr. George explained this was necessary to ensure an inexperienced climber such as Larry will know the dangers of climbing and understand how the belay system is designed to work before deciding to begin a climb. This evidence amply supports the jury’s finding that Alpine Towers failed to [***15] exercise reasonable care in designing a defective and unreasonably dangerous climbing tower. Therefore, the trial court was correct to deny Alpine Towers’ motions as to negligent design.

[**897] 3. Negligent Training

In his negligent training theory, Larry presented evidence that despite knowing Fort Mill’s faculty would not be doing most of the belaying, but rather would be teaching students to belay, Alpine Towers did not instruct the faculty how to teach belaying. Larry proved several key facts in support of this claim. First, Alpine Towers uses a written [*192] syllabus when it conducts classes to teach adults how to belay. However, it did not provide the syllabus to Fort Mill to enable Fort Mill to effectively teach students. Second, the belay system designed by Alpine Towers relies on a faculty supervisor to ensure the students are properly belaying the climbers. In addition to Mordhurst’s testimony as to where the faculty supervisor should be positioned, the CEO of Alpine Towers, Joe Lackey, testified, “the staff member should stand directly behind the climber, . . . not thirty feet away.” The obvious purpose of this requirement is to enable the supervisor to keep the students from making errors [***16] and, if they do, to prevent the tragic consequences Larry suffered. However, Larry presented evidence that Alpine Towers did not teach this to the faculty at Fort Mill. One member of Fort Mill’s faculty who attended the Alpine Towers course testified he did not recall being told that a faculty supervisor should stand beside the belayer. When asked why the requirement that “the staff member should stand directly beside the climber” in the 1997 instruction manual was not included in the 2004 edition, Lackey responded, “I’m not sure why it was taken out.”

Moreover, despite knowing that Fort Mill would be teaching students to belay and that students were more susceptible to making belaying errors than adults, Alpine Towers did not teach Fort Mill that it should test the students’ competency before allowing them to belay a climber. Hague testified “as a matter of course in my industry, participants are tested,” including whether they are “able to . . . belay in a competent manner, catch falls, lower somebody . . . off a climb.” He explained:

In a climbing setting you have to be able to assess whether or not the group as a whole is making progress. . . . Since we’re talking about life safety [***17] here and not about math, if someone is not learning at the same rate as the group, you can’t just move to the next topic. You have to slow down. You have to be able to address that one person until everybody’s caught up. In addition, at the end of the training, there needs to be some type of discrete competency test.

Alpine Towers has several employees who serve on the standards committee for the Association for Challenge [*193] Courses Technology, which Lackey called a “climbing society.” Despite evidence of this standard climbing industry practice, Alpine Towers did not teach Fort Mill that it needed to test, how the tests should be conducted, or what particular skills should be tested. 7

7 Ashley testified she was not given a written test, but was required to do a “demonstration” and be watched by a faculty member to make sure she “knew how to do it.” There was no evidence, however, that Alpine Towers took any steps to ensure Fort Mill gave an adequate test of her competency. In fact, Alpine Towers’ instruction manual says only that students “will demonstrate proficiency in belaying before being permitted to belay.”

This evidence provides ample support for the jury’s finding that Alpine Towers [***18] was negligent in failing to properly train the Fort Mill faculty on how to safely use the tower, and thus the trial court properly denied Alpine Towers’ motions as to negligent training.

We affirm the trial court’s decision to deny Alpine Towers’ motions for directed verdict and JNOV as to the sufficiency of the evidence supporting all three of Larry’s causes of action.

4. Intervening Causation

[HN3] The test for whether a subsequent negligent act by a third party breaks the chain of causation to insulate a prior tortfeasor from liability is whether the subsequent actor’s negligence was reasonably foreseeable. “For an intervening act to break the causal link and insulate the tortfeasor from further liability, the intervening act must be unforeseeable.” McKnight v. S.C. Dep’t of Corr., 385 S.C. 380, 387, 684 S.E.2d 566, 569 [**898] (Ct. App. 2009) (internal quotation marks omitted). The trial court properly charged the jury as follows:

The chain of causation between a defendant’s negligence and the injury itself may be broken by the independent intervening acts or omissions of another person over whom the defendant had no control. In order to decide whether an intervening act breaks the chain of causation, [***19] you must determine whether the intervening act or omission was reasonably foreseeable by the defendant. If the intervening act or omission was a probable consequence of the defendant’s negligence, the defendant is responsible for the plaintiff’s [*194] injuries. If, however, you find that the intervening act or omission was not foreseeable, the defendant is not liable.

By finding in favor of Larry, the jury necessarily found the actions of Ashley and Fort Mill were foreseeable, and therefore the chain of causation was not broken to insulate Alpine Towers from liability. There is ample evidence to support this finding. See Cody P. v. Bank of Am., N.A., 395 S.C. 611, 621-22, 720 S.E.2d 473, 479 (Ct. App. 2011) (“Only in rare or exceptional cases may the question of proximate cause be decided as a matter of law. . . . If there may be a fair difference of opinion regarding whose act proximately caused the injury, then the question of proximate cause must be submitted to the jury.” (internal quotation marks and citations omitted)).

Larry presented evidence that Alpine Towers knew Fort Mill would be using high school students to belay climbers, that adolescents are more susceptible to belaying errors [***20] than adults, and that Alpine Towers conducted a study concluding human error is the most common cause of falls to the ground from climbing towers. Dr. George testified Alpine Towers “knew or should have known . . . of these risks.” He stated it was not merely foreseeable, but “almost predictable,” that high school students would not follow proper procedures for belaying climbers. Hague testified that he has trained “thousands and thousands” of people in belaying over fifteen years, including “many hundreds” of adolescents, he takes different approaches to training depending on the maturity level of the belaying student, adolescents “routinely do not” follow procedures, and Alpine Towers “could easily foresee that adolescents aren’t going to follow all the procedures.”

Therefore, the primary risk associated with the use of a climbing tower is that the belayer, back-up, or faculty supervisor might make an error belaying the climber. Each of Larry’s theories of recovery focused on the allegation that Alpine Towers failed to design for and train against human error in belaying and the supervision of students belaying. This is not a “rare or exceptional” case in which the issue of proximate [***21] cause may be decided as a matter of law. Alpine Towers’ argument that “the intervening and superseding negligent acts of Fort Mill High School and Ashley Sexton” broke the chain of causation fails because there is ample evidence in [*195] the record that precisely the same human error that resulted in Larry’s injury was not only foreseeable to Alpine Towers, but was actually foreseen. Accordingly, we find the trial court properly submitted the question of proximate cause to the jury, and we affirm its decision to deny Alpine Towers’ motions for directed verdict and JNOV as to intervening causation.

B. Directed Verdict and JNOV–Punitive Damages

Alpine Towers also argues the trial court erred in denying its directed verdict and JNOV motions as to punitive damages. We disagree.

[HN4] “When ruling on a directed verdict motion as to punitive damages, the circuit court must view the evidence and the inferences that reasonably can be drawn therefrom in the light most favorable to the nonmoving party.” Hollis v. Stonington Dev., LLC, 394 S.C. 383, 393-94, 714 S.E.2d 904, 909 (Ct. App. 2011) (internal quotation marks omitted). This court applies the same standard as the circuit court. 394 S.C. at 394, 714 S.E.2d at 910. [***22] “The issue of punitive damages must be submitted to the jury if more than one reasonable inference can be drawn from the evidence as to whether the defendant’s behavior was reckless . . . .” Mishoe v. QHG of Lake City, Inc., 366 S.C. 195, 201, 621 S.E.2d 363, 366 (Ct. App. 2005). “Recklessness implies the doing of a negligent [**899] act knowingly; it is a conscious failure to exercise due care. If a person of ordinary reason and prudence would have been conscious of the probability of resulting injury, the law says the person is reckless . . . .” Berberich v. Jack, 392 S.C. 278, 287, 709 S.E.2d 607, 612 (2011) (internal citation and quotation marks omitted).

Larry made two separate claims for punitive damages against Alpine Towers: (1) for reckless behavior in its design of the climbing tower and (2) for reckless behavior in its failure to properly train the Fort Mill faculty on how to safely use the climbing tower. The jury awarded punitive damages on each claim, so we address each independently.

As to Larry’s claim for punitive damages based on Alpine Towers’ reckless behavior in designing the tower, Larry presented evidence that Alpine Towers knew the majority [*196] of accidents occurring on its [***23] climbing towers were caused by human error by belayers and back-up belayers. Mordhurst conceded that of the three options for a belay device in the design of a climbing tower, “the GriGri has [the] highest likelihood of arresting the fall” of a climber and thus protecting him from falling to the ground if the belayer loses control of the rope. Lackey testified the additional cost of a GriGri is “inconsequential.” Alpine Towers’ decision to design its climbing tower to incorporate the Trango Jaws instead of the GriGri under these circumstances is sufficient evidence Alpine Towers was “conscious of the probability of resulting injury” from its negligence, and therefore was reckless. The trial court was correct to submit the issue of punitive damages for reckless design to the jury. 392 S.C. at 287, 709 S.E.2d at 612.

As to Larry’s claim for punitive damages based on Alpine Towers’ reckless behavior in failing to properly train the Fort Mill faculty, in addition to the evidence discussed above, Alpine Towers knew Fort Mill would be using student belayers, whom Alpine Towers knew to be less attentive to following procedures and more susceptible to errors in belaying than adults. Nevertheless, [***24] Alpine Towers (1) chose not to train Fort Mill’s faculty to teach others, particularly students; (2) did not include in the training materials given to Fort Mill the syllabus Alpine Towers uses to teach belaying; (3) removed from its training manual the specific instruction for faculty supervisors to “stand directly behind the climber”; (4) did not teach Fort Mill to follow the industry practice of testing belayers on the basic skills of belaying before allowing them to belay climbers; and (5) did not inform Fort Mill it had the option of an automatically locking belay device such as the GriGri to compensate for the greater risk posed by the use of student belayers. This also is sufficient evidence Alpine Towers was “conscious of the probability of resulting injury” from its negligence, and therefore was reckless. The trial court was correct to submit the issue of punitive damages for reckless training to the jury. Id.

Accordingly, we affirm the trial court’s decision to deny Alpine Towers’ directed verdict and JNOV motions as to punitive damages.

[*197] C. Apportionment of Fort Mill’s Fault

Alpine Towers contends it is entitled to a new trial because the trial court did not allow the jury to [***25] consider the fault of Fort Mill when it apportioned fault under section 15-38-15 of the South Carolina Code (Supp. 2011). 8 However, our ruling affirming the jury’s award of punitive damages makes it unnecessary to address this issue as [HN5] the apportionment statute “does not apply to a defendant whose conduct is determined to be . . . reckless.” § 15-38-15(F).

8 After the jury’s verdict as to liability, the trial court required it to apportion fault between Alpine Towers and Ashley. The jury determined that Ashley was 60% at fault and Alpine Towers was 40% at fault. The jury was not asked to consider the fault of Fort Mill.

IV. Larry’s Appeal

Larry appeals the trial court’s post-trial ruling entering judgment in his favor in the amount of $2,500,000.00 in actual damages and $950,000.00 in punitive damages. He contends the trial court erred in interpreting the verdicts as “three awards” and requiring him to elect which cause of action would be his remedy. We agree.

[HN6] “Election of remedies involves a choice between different forms of redress [**900] afforded by law for the same injury . . . . It is the act of choosing between inconsistent remedies allowed by law on the same set of facts.” Taylor v. Medenica, 324 S.C. 200, 218, 479 S.E.2d 35, 44-45 (1996). [***26] Larry asserted three causes of action, but sought only one remedy–damages–for only one injury–a broken back. When a plaintiff seeks only one remedy, there is nothing to elect. See Adams v. Grant, 292 S.C. 581, 586, 358 S.E.2d 142, 144 (Ct. App. 1986) (“Where a plaintiff presents two causes of action because he is uncertain of which he will be able to prove, but seeks a single recovery, he will not be required to elect.”).

The trial court in this case recognized that Larry’s three causes of action sought only one remedy. In its post-trial order, the court wrote:

Here, both products liability claims and the negligence claim represent three theories for recovery for the same injury and damages–personal injuries sustained by [Larry] in his [*198] fall. [Larry] had one fall and all his injury and damages flow therefrom regardless of the number of acts of omission or commission of [Alpine Towers].

Because Larry sought only one remedy, the doctrine of election of remedies does not apply. [HN7] “As its name states, the doctrine applies to the election of ‘remedies’ not the election of ‘verdicts.’” Austin, 387 S.C. at 57, 691 S.E.2d at 153 (defining a “‘remedy’ as ‘[t]he means by which . . . the violation [***27] of a right is . . . compensated.’” (quoting Black’s Law Dictionary 1163 (5th ed. 1979))).

This court addressed a similar situation in Creach v. Sara Lee Corp., 331 S.C. 461, 502 S.E.2d 923 (Ct. App. 1998). The plaintiff in Creach “bit down on a hard substance in a steak biscuit made by Sara Lee Corporation,” “experience[d] severe pain,” and had to undergo “extensive dental work.” 331 S.C. at 463, 502 S.E.2d at 923-24. She sued Sara Lee and others “alleging negligence, breach of warranty, and strict liability.” 331 S.C. at 463, 502 S.E.2d at 923. After a verdict for Creach on all three causes of action, Sara Lee asked the trial judge to require her to elect her remedy. The judge refused to do so, and this court affirmed, holding “while the complaint stated three different causes of action, only one recovery was sought and only one recovery was awarded. Under these circumstances, no election was required.” 331 S.C. at 464, 502 S.E.2d at 924 (citing Taylor, 324 S.C. at 218, 479 S.E.2d at 44-45). Creach supports our holding that because Larry sought one remedy for one injury, the trial court erred in requiring him to elect.

Nevertheless, the trial court and this court must ensure that Larry [***28] does not receive a double recovery. See Collins Music Co. v. Smith, 332 S.C. 145, 147, 503 S.E.2d 481, 482 (Ct. App. 1998) ( [HN8] “It is well settled in this state that there can be no double recovery for a single wrong and a plaintiff may recover his actual damages only once.” (internal quotation marks omitted)). The determination of whether a verdict grants a double recovery begins with the trial court’s responsibility to interpret the verdict in order to ascertain the jury’s intent. The trial court interpreted the jury’s verdict in this case to be “three awards,” and therefore “inconsistent” because [*199] it allowed Larry a double recovery. We find the trial court erred in its interpretation of the verdict.

The error arose from the verdict form. Because Larry asserted three causes of action, the trial court correctly fashioned the verdict form to require the jury to write its verdict for each cause of action. However, because Larry sought only one remedy–damages–and because the amount of those damages could not vary from one cause of action to another, the trial court should have required the jury to write one amount for Larry’s actual damages, and should not have permitted the jury to write [***29] a damages amount for each of the three causes of action. The use of the three blanks for damages in the verdict form left the verdict ambiguous as to the amount of damages the jury intended to award.

[HN9] To determine the jury’s intent in an ambiguous verdict, the court should consider the entire proceedings, focusing on the events and circumstances that reasonably indicate what the jury intended. See Durst v. S. Ry. Co., 161 S.C. 498, 506, 159 S.E. 844, 848 (1931) (stating “the construction of a verdict should, and can, depend upon, not only the language used by the jury, but other things occurring in the trial may be, and [**901] should be, properly regarded in determining what a jury intended to find”); Howard v. Kirton, 144 S.C. 89, 101, 142 S.E. 39, 43 (1928) (stating it is “the duty of the trial judge to decide what the verdict meant, and, in reaching his conclusion thereabout, it was his duty to take into consideration not only the language of the verdict, but all the matters that occurred in the course of the trial”); see also 75B Am. Jur. 2d Trial § 1545 (2007) (“In the interpretation of an ambiguous verdict, the court may make use of anything in the proceedings that serves to show with [***30] certainty what the jury intended, and, for this purpose, reference may be had, for example, to the pleadings, the evidence, the admissions of the parties, the instructions, or the forms of verdict submitted.”).

To correctly interpret the verdict in this case, the trial court was required to consider several indications of the jury’s intention as to damages. First, the court should have considered its own conclusion that Larry sought only one remedy–damages–and that all of his damages flowed from the broken back resulting from his fall from the tower. Thus, it was not [*200] possible for the damages to vary from one cause of action to another. Second, after the jury returned the verdicts, Larry made a motion asking the court to inquire of the jury whether it meant for the damages awarded to be cumulative. Alpine Towers did not object to the request. While the jury was still in the courtroom, the judge asked the forelady if the jury intended the verdicts to be cumulative.

The Court: . . . Before you leave, I’ve got one last question. On the three causes of action you have awarded different amounts of damages. . . . Was it the jury’s intention to award those cumulatively, that is they add up to [***31] [$3.4 million and $500.00] . . . or did you simply mean that the damages as to each cause of action were to be separate . . . .

Forelady: Ask me that again.

. . .

The Court: . . . You have ordered [$500.00] on one, [$900,000.00] on one, and [$2.5 million] on one. Is it the jury’s intention that those are to be added, that is cumulative, or is the jury’s intention that as to each cause of action that award applies only to that cause of action?

Forelady: It’s cumulative.

The Court: Okay. How about . . . as to the punitive, you had [$160,000.00] and [$950,000.00], which adds up . . . to [$1.1 million] [sic]. Is it the same for that also?

Forelady: It’s cumulative.

The trial court then asked each side separately if there was “anything else before the jury’s dismissed?” Both Larry and Alpine Towers answered that they had nothing further, and the trial court dismissed the jury. 9

9 The trial court found, and Alpine Towers argues on appeal, that Larry should have sought further inquiry into the jury’s intent and that his failure to do so forecloses his argument that the jury intended the verdicts to be cumulative. We disagree. Larry is the party who initially asked the court to inquire whether the [***32] jury intended the verdict to be cumulative. Larry’s counsel stated to the court “you can either inquire of the jury here in the courtroom or you can send them out, whatever you’re comfortable with.” Alpine Towers’ counsel stated, “I wouldn’t oppose that request.” The trial court then made the decision to ask only the forelady. The forelady’s answer, “It’s cumulative,” was the answer Larry was looking for, and therefore Larry had no reason to inquire further on that subject. Alpine Towers, who at that point did have reason to inquire further, said nothing. Therefore, to the extent the lack of further inquiry should be considered, we believe it should be held against Alpine Towers.

[*201] In the context that Larry sought, and could obtain, only one damages award for the same injury, this dialogue adequately demonstrates the jury intended the damage amounts written in the three blanks on the verdict form to be added together for a total award to Larry of $3,400,500.00 actual damages and $1,110,000.00 punitive damages. However, there was more to indicate this was the jury’s intention. During deliberations the jury sent a note to the court stating the jurors were deadlocked as to whether to award [***33] $4.5 million or $5 million and asking for suggestions. The court responded that it had no suggestions. The total amount of damages awarded, including the amount awarded to Larry’s parents, was $4.75 million, 10 which is between the two amounts [**902] listed in the note. Further, the court should have considered that it gave the jury no basis on which to find different damage awards on different causes of action. In fact, the only place in the damages instruction where the court differentiated between the causes of action at all was to explain to the jury it may award punitive damages only on the negligence theories of recovery.

10 At the point of the trial when the jury sent this note, the court had not instructed the jury it must award damages on the strict liability claim or find for the defendant. Thus, the $500.00 damages awarded on that cause of action is not included in this figure.

This court has stated that [HN10] “it is the duty of the court to sustain verdicts when a logical reason for reconciling them can be found.” Daves v. Cleary, 355 S.C. 216, 231, 584 S.E.2d 423, 430 (Ct. App. 2003). In fulfilling this duty, we may not substitute our judgment for that of the jury. See Lorick, 153 S.C. at 319, 150 S.E. at 792 [***34] (stating the court has a right to give “effect to what the jury unmistakably found” but cannot “invade the province of the jury”). The jury’s verdict in this case is readily reconciled as we have explained. We can discern no other way to interpret the verdict consistent with the applicable law and the facts of this case, nor can we find in the record any reason to believe this interpretation does not reflect the intent of the jury. Moreover, during arguments on post-trial motions, counsel for Alpine Towers explained to the trial court what he believed the jury did:

[*202] Let me tell you what I think happened. . . . [When they sent the note asking for suggestions,] they advised that they had arrived at a general block of the amount of the damages that they wanted to give to compensate Mr. Keeter. What they then did because the verdict form is listed in such a way that it says actual damages and punitive damages leaving both blank that they went through and parceled out the total amount of compensatory damages that they wanted to award . . . . And the damages for all three claims are identical . . . , there is no differentiation on the damages . . . . [T]hey arrived at a larger figure then [***35] they parceled it up to fill in the blanks. 11

Interpreting the verdict based on “all the matters that occurred in the course of the trial,” Howard, 144 S.C. at 101, 142 S.E. at 43, we disagree with the trial court and find the jury did not make an “inconsistent damages award.” See 75B Am. Jur. 2d Trial § 1556 (2007) (“In order for a verdict to be deemed inconsistent, there must be inconsistencies within each independent action rather than between verdicts in separate and distinct actions.”). Rather, we find that the jury intended the amounts to be added together for a total verdict in Larry’s favor of $3,400,500.00 actual damages and $1,110,000.00 punitive damages. Accordingly, we hold the trial court erred in its interpretation of the verdicts and judgment should have been entered in the cumulative amount of actual and punitive damages the jury wrote on the verdict form for each of Larry’s causes of action.

11 In fairness to counsel, the statement was made as part of his argument that the verdicts were inconsistent. However, we believe the statement accurately explains why the jury put different damage amounts in different blanks.

V. Conclusion

For the reasons explained above, we affirm [***36] the trial court’s decision to deny Alpine Towers’ motions for directed verdict, JNOV, and for a new trial. We reverse the trial court’s interpretation of the jury verdict and remand with instructions that judgment be entered against Alpine Towers in favor of Larry Keeter in the amount of $3,400,500.00 actual damages and $1,110,000.00 punitive damages.

[*203] AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

KONDUROS, J., concurs.

CONCUR BY: THOMAS

CONCUR

THOMAS, J., concurring in a separate opinion.

THOMAS, J.: I concur with the majority as to Alpine Towers’ appeal. As to Larry’s appeal, I concur in result. I agree that this case does not involve the need to elect remedies or an inconsistent verdict. I write separately to clarify that questioning the entire jury and then conforming the jury’s verdict to the jury’s intent are the best practices for ensuring a valid verdict.

[**903] First, when a party raises a question about the jury’s intent for the verdict, the best practice is to poll all of the jurors or allow the foreperson to answer the court’s questions after consulting with the entire jury. Lorick & Lowrance, Inc. v. Julius H. Walker Co., 153 S.C. 309, 314-15, 150 S.E. 789, 791 (1929). The need to clarify the jury’s [***37] intent almost invariably arises when the language used on the verdict form is problematic. Without an inquiry of the remaining jurors, questioning only the foreperson unnecessarily risks that the jury’s precise intent will remain unknown. This danger is heightened by the likelihood of arguments that the foreperson misunderstood the court’s questions or provided a response not reflecting the entire jury’s intent.

Second, if the initial inquiry shows the jury’s intent differs from what the jury wrote on the verdict form, the best practice is to either send the jury back to conform the verdict to the jury’s intent or have the correction made in open court with the jury’s consent. Id. at 314-15, 150 S.E. at 791. After the jury is discharged, the court may construe the verdict in a manner that diverges from the language used by the jury only when the surrounding circumstances make the jury’s intent unmistakable and the court’s construction reflects that intent. Id. at 319-20, 150 S.E. at 792-93.

I disagree with the majority’s statement in footnote 9 that Larry had no reason to seek further inquiry of the jury’s intent after the foreperson testified the actual and punitive damages amounts [***38] were cumulative. The movant has the most [*204] incentive to ask the court to send the jury back to conform the verdict to the jury’s intent or have the correction made in open court with the jury’s consent. These practices best ensure the verdict reflects the jury’s intent, and a verdict rendered in accordance with them is nearly impossible to attack by arguing the jury’s intent is unclear. See Billups v. Leliuga, 303 S.C. 36, 39, 398 S.E.2d 75, 76 (Ct. App. 1990) (stating “a jury verdict should be upheld when it is possible to do so and carry into effect the jury’s clear intention,” and holding the jury’s intent was clear despite “some confusion in the jury’s initial written verdict” because the foreperson testified as to the jury’s intent, the clerk published the jury’s intent after the foreperson put the intent in writing, and the remaining jurors were polled to ensure their intent complied with the published intent); cf. Joiner v. Bevier, 155 S.C. 340, 351, 354-55, 152 S.E. 652, 656-57 (1930) (stating the court has the “duty to enforce a verdict, not to make it” and holding that despite some initial difficulty in getting the jury to render a verdict proper in form, the jury’s intent [***39] was “entirely clear” when the verdict after a second set of deliberations “corresponded exactly” with the special findings obtained prior to sending the jury back to deliberate). Moreover, if the above practices are not used, the movant risks having to meet its burden of establishing that the jury’s intent is absolutely clear using solely the surrounding circumstances of the case. Lorick, 153 S.C. at 319-20, 150 S.E. at 792-93. Here, the jury did not conform the verdict to its intent, nor was the jury polled. 12 Therefore, because the burden to establish the jury’s intent remains on Larry as the movant, 13 he must establish the jury’s intent was unmistakable based on the surrounding circumstances of the case.

12 In fairness to Larry, he asked the trial court to determine whether the verdict in his favor was intended to be cumulative. He suggested to the trial court, “[E]ither inquire of the jury . . . in the courtroom or . . . send them out.” The trial court instead only questioned the foreperson in the presence of the other jurors.

13 In discussing the movant’s incentive and burden, I am not referring to our rules of preservation. This issue is preserved because Larry sufficiently raised [***40] it to the trial court by seeking to clarify the jury’s intent in the above-suggested manner before the jury was discharged and the trial court ruled on his motion.

[*205] Despite the uphill battle undertaken in this case to establish the jury’s intent, I agree to remand for an entry of judgment against Alpine Towers in favor of Larry for $3,400,500.00 actual damages and $1,110,000.00 punitive damages. The surrounding circumstances of this case make the jury’s intent unmistakable. Taken together, the forelady’s testimony, the jury note, the jury charge, the total damages awarded, and the single injury alleged can lead to only one conclusion: the jury intended to award Larry [**904] $3,400,000 in actual damages 14 and $1,110,000 in punitive damages.

14 This amount omits the damages awarded for the strict liability claim because the jury note was sent before the jury re-deliberated the strict liability claim.

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Companies Who Can Help Your Outdoor Business

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2012/2013 edition of the Illuminare: A Student Journal in Recreation, Parks, and Leisure Studies is available

We are excited to announce that the 2012/2013 edition of the Illuminare: A Student Journal in Recreation, Parks, and Leisure Studies is available from the following link: http://www.scholarworks.iu.edu/journals/index.php/illuminare/index.

Almenas2

We would like to thank all of those involved in the success of this year’s issue. Illuminare reviewers represented 18 universities throughout the U.S., Canada, Ireland, Belgium, Cyprus, Australia, and the Netherlands, including the following: Arizona State University; Auckland University of Technology; Clemson University; Edwin Cowan University; Girne American University; Limerick Institute of Technology Ireland; North Carolina State University; Oklahoma State University; Old Dominion University; Temple University; Pennsylvania State University; Universite Libre de Bruxelles; University of Florida; University of Georgia; University of Waterloo; and University of Wisconsin – La Crosse.

If you would like a full PDF version of Vol. 11, please email Lauren Duffy at lnduffy.

Thanks for your continued support!

Illuminare Editorial Board

Lauren Duffy

Jill Sturts

Ye Zhang


Colorado Alliance for Environmental Education 2013 Awards Celebration (no matter what the date says..)

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2012 CAEE Environmental Education Awards Celebration

The Awards for Excellence in Environmental Education are an annual tradition of recognizing individuals and organizations making significant and lasting contributions to environmental education in Colorado.Ticket Price: $40 per person

$300 per table

$500 table sponsor*

Seating is limited – please make your reservation by

February 22, 2013.

Tickets will not be available at the door.

*Sponsors will recieve 8 seats, and will be recognized at the banquet by the MC, in onsite signage, as well as CAEE’s website.

To be recognized as a sponsor please confirm your sponsorship by

February, 22, 2013.

Please indicate any food restrictions when you register.

Colorado Alliance for Environmental Education cordially invites to:

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Saturday, March 2, 2013, 6:00 p.m.

Renaissance Denver Hotel

3801 Quebec Street

Denver, CO, 80207

Please join us as we connect with old friends and new, congratulate our colleagues, and honor their work for creating awareness and understanding of the environment!

To make a reservation, please

info
or call 303-273-9527.

Seating is limited – please be sure to make your reservation by February 22, 2013.

Tickets will not be available at the door.

Congratulations to the 2012 award recipients:

Enos Mills Lifetime Achievement Award

Cyndra Dietz, Eco-Cycle

President’s Award

Lise Aangeenbrug, Great Outdoors Colorado

Program Awards

Best New Program Award

GASP! (Girls Advancing Scientific Progress) After School,

CSU Environmental Learning Center

Agriculture Award

Youth Education Programs

Loveland Youth Gardeners

Citizen/Community Award

Take Charge! Student Energy Education and Action,

Groundwork Denver

Government Award

Operation Water Festival Program

Keep it Clean Partnership

Media Award

Learn More about Climate

CU-Boulder Office of University Outreach

Nonprofit Award

Children’s Peace Garden Program

Growing Gardens

PreK-Elementary Education Awards

BVSD 4th Grade Field Trip Program

Thorne Nature Experience

Project Learning Tree Environmental

Experiences for Early Childhood

Colorado State Forest Service

Project Learning Tree

Secondary Education Awards

Alliance for Climate Education

Alliance for Climate Education

H2O Outdoors

Keystone Science School a Division of the Keystone Center

CAEE thanks the following sponsors for their support of this event :17.jpg8.jpg21.jpg

Results of the High Water Flows in the Grand Canyon were not as great as expected……..duh!

Latest Grand Canyon Flood Flow Shows Disappointing Results

Two months after the end of the latest Grand Canyon flood flow, results were

The Glen Canyon Dam near Page (AZ) as seen fro...
reported to the Technical Working Group of the Grand Canyon Adaptive
Management Program by the Glen Canyon Monitoring and Research Center in
Phoenix, Arizona last Wednesday.

Although it was hoped that the controlled high water flow would improve
habitat for native fish and restore eroded beaches, it was found that just
55% of the target beaches showed improvements, while 36% remained the same
and 9% were worse off. 25% of the sediment scientists had hoped to mobilize
and distribute with the flood never moved and there is no evidence of
improved nursery habitat for native fish.

Since 1963, 95% of sediment inflows to Grand Canyon National Park‘s river
corridor have been trapped behind Glen Canyon Dam. This has completely
transformed habitat conditions for Grand Canyon native fish, leading to the
extinction of the Colorado pikeminnow, razorback sucker, bonytail chub and
roundtail chub, and the endangerment of the humpback chub.

“Secretary [of the Interior] Salazar claimed that this was going to be ‘A
milestone in the history of the Colorado River‘, but like the three previous
experiments in 1996, 2004 and 2008, it too has shown that at best some
beaches are temporarily improved, but the long-term prognosis for the Grand
Canyon is a system without sediment,” says Living Rivers Conservation
Director John Weisheit.

The November 19th 2012 flood is the first to occur in a ten-year time window

Glen Canyon Dam
that scientist have been granted to experiment with Glen Canyon Dam
operations. Additional controlled floods can be attempted if certain
conditions are met, mainly the existence of large amounts of sediment
entering the Colorado River from two tributary rivers that feed into the
upper part of Grand Canyon, the Paria and Little Colorado.

“Far too much public time and money is wasted on preparing for, publicizing,
executing and monitoring these useless floods that do nothing but perpetuate
a science welfare program masquerading as an endangered species recovery
effort,” adds Weisheit. “Scientist know, but won’t publicly state, that the
only real solution to addressing Grand Canyon’s sediment deficit is to
transport it around Glen Canyon Dam or decommission the dam altogether.”

For more information, see: Grand Canyon Monitoring and Research Center
www.gcmrc.gov, 928-556-7380. An entertaining and informative commentary blog
can be read at www.charliechub.com. Living Rivers is the parent organization
of River Runners for Wilderness and is based in Moab, Utah. The organization
seeks to promote restoration and revitalization of the rivers of the
Colorado Plateau damaged by dams, diversion and pollution. See more at
www.livingrivers.org.


Volunteers Needed to Help the Premier of “Climb to Glory”

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We need you!

Help us spread the word about the upcoming Red Carpet Premiere of “Climb to Glory” on Thursday, January 17, 2013.

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Although we do not need volunteers on the day of the premiere, we do need help hanging up posters around the Denver Metro area. Posters are available for pick up in the office (1821 Blake St. Suite 200, Denver 80202) or online here to print at home or for use with social media.

Please contact Allison Eggert at 303-954-9144 ext. 23 or allison.eggert if you are interested in helping.

Event proceeds benefit Wish of a Lifetime and the Colorado Ski and Snowboard Museum

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Wish of a Lifetime | 303-954-9144 | carrie | www.seniorwish.org
1821 Blake Street, Suite 200
Denver, CO 80202
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Copyright © 20XX. All Rights Reserved.
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