Skier claims resort liable for boundary rope, in place to prevent collisions, which she collided with…..
Posted: January 23, 2012 Filed under: New Mexico, Ski Area | Tags: New Mexico, Ski Patrol, Ski Safety Act, Summary judgment, Taos Ski Valley, Taos Ski Valley New Mexico, United States, United States Forest Service 1 CommentKidd v. Taos Ski Valley, Inc., 88 F.3d 848; 1996 U.S. App. LEXIS 16060; 34 Fed. R. Serv. 3d (Callaghan) 1440
Black and Yellow line (bumblebee) held up with bamboo poles with orange fluorescent flagging is hard to see
The plaintiff in this case suffered a broken back, ribs, hip and pelvis after hitting a rope used to direct traffic at Taos Ski Valley, Inc (referred to as TSV by the court). The plaintiff was an experienced skier, and the rope had been in place for twelve years.
The plaintiff sued for:
…failing to properly mark, warn and/or correct a dangerous hazard created by the suspension of the rope between two poles; TSV had acted with wanton or gross negligence in maintaining the unmarked rope and she was, accordingly, entitled to punitive damages; TSV breached it contractual obligations under a special use permit with the United States under which she was a third party beneficiary; and TSV’s installation of the rope created an inherently dangerous condition, thereby imposing the duty of highest care on TSV….
Taos moved to dismiss three of the claims with a motion based on a failure to state a claim. That is a motion that argues based on the allegations of the plaintiff’s complaint, there is no legal liability on the part of the defendants. The plaintiff has failed to state a legal claim that the defendant can be held liable for. Two of those claims were dismissed.
The ski area then filed a motion for summary judgment, which dismissed the remaining claims of the plaintiff based on the New Mexico Ski Safety Act, N.M. Stat. Ann. §§ 24-15-1, et seq.
So?
The plaintiff appealed the dismissal of her case. The first basis of her appeal was based on the NM Ski Safety Act. The act provides that:
…every ski area operator shall have the following duties with respect to the operation of a skiing area: . . . to warn of or correct particular hazards or dangers known to the operator where feasible to do so….
She argued that the installation of the rope created a hazard which the ski area did not warn her about.
The court agreed with the ski area and held that even if the rope was a hazard, it was not feasible to correct the hazard and thus, under the statute, not a hazard the ski area needed to warn the plaintiff about.
The plaintiff then argued the ski area breached its duty because it did not mark its trails with the appropriate signage.
Section 24-15-7(C) provides:
Every ski operator shall have the following duties with respect to the operation of a skiing area:
* * *
to mark conspicuously the top or entrance to each slope, trail or area with the appropriate symbol for its relative degree of difficulty; and those slopes, trails or areas marked at the top or entrance with the appropriate symbols as established or approved by the national ski area association . . . .
The plaintiff’s expert witness opined that three ropes would be better and easier to see. However, the court found the expert’s opinion to be speculation and not persuasive. (Personally, three ropes create a real barrier. Think skiing into a fence rather than one line.)
The plaintiff’s next argument procedural in nature. Normally, I leave procedural issues out of this reviews, however this one might be good to know. The plaintiff wanted to depose the resort’s Chief Groomer and the Assistant head of the Ski Patrol. The resort filed a motion for a protective order which prevented the plaintiff from deposing these employees.
The appellate court held that since one of the senior employees of the resort was the responsible person, to who both subordinate employees ultimately reported, there was no need to depose the two employees. The Ski Area General Manager testified that he had the ultimate responsibility for marking the resort, which was enough for the court to prevent additional discovery.
The final issue not covered by the New Mexico Ski Safety Act is the plaintiff’s claim that based on the Special Use Permit issued by the US Forest Service to the ski area, she was a third party beneficiary, and permit/contract was breached.
This argument was rejected because the language of the New Mexico Ski Safety Act language indicated that the provisions within the act were to be the only remedy available to injured skiers.
The language of the statute indicates that the legislature intended the Act as the sole remedy for skiers. The Act states that ‘unless a ski operator is in violation of the Ski Safety Act, with respect to the skiing area . . ., and the violation is a proximate cause of the injury complained of, no action shall lie against such ski area, operator by any skier [or his representative].
As the sole remedy, the arguments of the plaintiff did not give rise to a claim.
So Now What?
This is a classic “damned if you do and damned if you don’t” situation for a defendant. If you don’t put up the rope, skiers are going to collide, causing injuries. If you do put up the rope, a skier may hit the rope. This is the balance test that a business must do in the US. To quote a sixties TV show turned into a 1980’s movie “In any case, were I to invoke logic, logic clearly dictates that the needs of the many outweigh the needs of the few.”
What do you think? Leave a comment.
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Kidd v. Taos Ski Valley, Inc., 88 F.3d 848; 1996 U.S. App. LEXIS 16060; 34 Fed. R. Serv. 3d (Callaghan) 1440
Posted: January 23, 2012 Filed under: Legal Case, Ski Area | Tags: Memorandum Opinion, New Mexico, Taos Ski Valley, Taos Ski Valley New Mexico, United States Leave a commentKidd v. Taos Ski Valley, Inc., 88 F.3d 848; 1996 U.S. App. LEXIS 16060; 34 Fed. R. Serv. 3d (Callaghan) 1440
Becky J. Kidd, Plaintiff-Appellant, v. Taos Ski Valley, Inc., Defendant-Appellee.
No. 95-2066
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
88 F.3d 848; 1996 U.S. App. LEXIS 16060; 34 Fed. R. Serv. 3d (Callaghan) 1440
July 5, 1996, Filed
PRIOR HISTORY: [**1] APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO. (CIV-93-327-JC).
DISPOSITION: AFFIRMED.
COUNSEL: Grant Marylander (Jim Leventhal and Natalie Brown, of Leventhal & Bogue, Denver, Colorado, and Marion J. Craig, III, Roswell, New Mexico, with him on the briefs) of Leventhal & Bogue, Denver, Colorado, for Plaintiff-Appellant.
Joe L. McClaugherty (Jere K. Smith with him on the brief), Santa Fe, New Mexico, for Defendant-Appellee.
JUDGES: Before BRORBY, BARRETT, and LIVELY, * Circuit Judges.
* The Honorable Pierce Lively, Senior Judge, United States Court of Appeals for the Sixth Circuit, sitting by designation.
OPINION BY: BARRETT
OPINION
[*850] BARRETT, Senior Circuit Judge.
Becky J. Kidd (Kidd) appeals from a memorandum opinion and order granting Taos Ski Valley, Inc. (TSV) summary judgment and dismissing her complaint with prejudice.
Kidd suffered a broken back, ribs, hip, and pelvis in a skiing accident at TSV. “Her injuries were possibly received when she crossed a diversionary rope located on an area permanently marked as a slow skiing area by a huge orange banner.” (Appellant’s Appendix, Vol. II, Memorandum Opinion, Undisputed Facts, at 445). “The black and [**2] yellow rope, held up by bamboo poles and marked with strips of orange fluorescent flagging, was intended to close off a portion of the mountain to prevent collisions between skiers returning to the base from different sides of the mountain.” Id. “Plaintiff, an experienced TSV skier, never saw the rope closure.” Id. at 445-46.
Kidd filed a complaint in which she alleged, inter alia, that: TSV, in installing the diversionary rope, had breached its obligations under New Mexico’s Ski Safety Act, N.M. Stat. Ann. §§ 24-15-1, et seq. (the Act), by failing to properly mark, warn and/or correct a dangerous hazard created by the suspension of the rope between two poles (Count I); TSV had acted with wanton or gross negligence in maintaining the unmarked rope and she was, accordingly, entitled to punitive damages (Count II); TSV breached it contractual obligations under a special use permit with the United States under which she was a third party beneficiary (Count III); and TSV’s installation of the rope created an inherently dangerous condition, thereby imposing the duty of highest care on TSV (Count IV).
TSV moved to dismiss Counts II, III, and IV for failure to state a claim [**3] upon which [*851] relief could be granted. The district court denied TSV’s motion to dismiss Kidd’s Count II punitive damage claim, concluding that although the Act was silent on the availability of punitive damages, general New Mexico law principles allowed for the recovery of punitive damages in limited circumstances, including conduct committed with a wanton disregard of a plaintiff’s rights. The district court did, however, grant TSV’s motion to dismiss Counts III and IV, Kidd’s third party beneficiary and inherently dangerous condition claims.
In dismissing Count III, the district court concluded that the “language of the statute indicates that the legislature intended the Act as the sole remedy for skiers” and that New Mexico case law “provides persuasive authority indicating that the state courts would reject Plaintiff’s theory of liability based on a third party beneficiary cause of action.” (Appellant’s Appendix, Vol. I at 73-74). In dismissing Count IV, the district court concluded that the inherently dangerous activity doctrine “is inconsistent with the Act because it would permit the imposition of additional duties on ski operators” and that the “Act was intended to limit the [**4] duties which can be imposed upon ski area operators [and] therefore forecloses the application of the” doctrine. Id. at 75-76. Kidd’s subsequent motion for reconsideration of the dismissal of Count III was denied.
Thereafter, TSV moved for summary judgment on Kidd’s remaining claims and Kidd moved for partial summary judgment on the issue of TSV’s negligence. Following briefing, the district court entered a memorandum opinion and order granting TSV summary judgment and dismissing Kidd’s complaint with prejudice. In so doing, the district court found that: although TSV offered convincing evidence that Kidd breached her duty to ski safely, Kidd’s testimony that she was not skiing out of control created a genuine issue of material fact making summary judgment improper, (Appellant’s Appendix, Vol. II at 447); Kidd failed to produce competent evidence from which a reasonable juror could conclude that the rope closure was not in accordance with industry usage and National Ski Area Association (NSAA) standards, id. at 449; and, no reasonable juror could conclude that the closure itself created a hazard under the Act requiring TSV to warn skiers of its presence. Id. at 451.
[**5] On appeal, Kidd contends that the district court erred when it granted TSV’s motion for summary judgment, barred her from obtaining critical discovery, and dismissed her third party beneficiary claim.
I.
Kidd contends that the district court erred when it granted summary judgment in favor of TSV. Kidd argues that summary judgment was erroneous because she presented substantial evidence that TSV breached its duties under §§ 24-15-7(I) and (C) of the Act.
[HN1] We review a district court’s grant or denial of summary judgment de novo, applying the same legal standard used by the district court. Lancaster v. Air Line Pilots Ass’n Int’l., 76 F.3d 1509, 1516 (10th Cir. 1996). Summary judgment is appropriate if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Hagelin for President Comm. of Kan. v. Graves, 25 F.3d 956, 959 (10th Cir. 1994), cert. denied, U.S. , 115 S. Ct. 934, 130 L. Ed. 2d 880 (1995). When applying this standard, we examine the factual record and reasonable inferences therefrom in the light most favorable to the non-moving/opposing party. Wolf v. Prudential Ins. Co. of Am., 50 F.3d 793, 796 (10th Cir. 1995). [**6]
a.
Kidd asserts that summary judgment was inappropriate because there was substantial evidence that TSV breached its duty under § 24-15-7(I) of the Act. This section provides that ” [HN2] every ski area operator shall have the following duties with respect to the operation of a skiing area: . . . to warn of or correct particular hazards or dangers known to the operator where feasible to do so.” Kidd argues that TSV breached this duty when it installed the single strand diversionary rope and blocked off an otherwise skiable [*852] area without giving the skier sufficient warning. The district court rejected these arguments, concluding that:
The evidence submitted by the parties in this case demonstrates as a matter of law that the TSV rope closure, by virtue of its location and purpose, cannot qualify as a hazard under the Act. The rope is located in a well-marked slow skiing zone near the base of the mountain. The closure serves to prevent, not cause, collisions between skiers returning to the base area. Moreover, the undisputed evidence shows that the rope has been in place since 1978, and [over one] million skiers have managed to ski past it without injury.
(Appellant’s Appendix, [**7] Vol. II at 447).
Kidd maintains that this conclusion was erroneous and that summary judgment improper when, as here: TSV’s expert acknowledged that a rope between two poles on a ski slope could be a hazard if a skier did not have time to react to the rope or could not see it. (Appellant’s Appendix, Vol. II at 333); the evidence was undisputed that Kidd, an experienced TSV skier did not see the rope, id. at 445-46; Kidd presented the testimony of another skier who stated that the “rope was not reasonably visible” and that “in skiing down the slope to Becky J. Kidd I did not see the rope,” id. at 309; and photographs taken immediately after the accident demonstrated the rope’s lack of visibility against the white background.
TSV responds that summary judgment was proper based on the undisputed evidence that the area of Kidd’s accident had been marked off and closed to skiing for at least twelve years without incident and its expert’s testimony that the rope did not create a hazardous situation and that the rope complied with the Act. TSV also maintains that a ski area operator’s duty to warn of or correct particular hazards or dangers under § 24-15-7(I) is limited to those [**8] hazards or dangers which are known to the operator and that Kidd failed to present any evidence that TSV knew that the rope closure was a hazard.
[HN3] Although the determination of “whether a duty [under the Act] has been breached is a question of fact,” Lopez v. Ski Apache Resort, 114 N.M. 202, 836 P.2d 648, 655 (N.M. Ct. App.), cert. denied, 113 N.M. 815, 833 P.2d 1181 (1992), the determination of “whether a duty exists is generally a question of law for the court to determine.” Id. As a matter of law, the duty imposed on ski area operators by § 24-15-7(I) “is limited to situations where the particular hazard is both known to the ski area operator and warning of or correcting the particular hazard is feasible.” Id. at 656 (emphasis original).
Applying Lopez, we hold that the district court did not err in granting TSV summary judgment on Kidd’s § 24-15-7(I) claim. Kidd failed to present any probative evidence that the diversionary rope in question was a “particular hazard . . . known to” TSV. On the contrary, the undisputed evidence was that the rope had been in place since 1978 and over one million skiers had managed to ski past it without injury. Therefore, TSV was entitled [**9] to judgment on this claim as a matter of law.
b.
Kidd reasons that she presented substantial evidence that TSV breached its duty under § 24-15-7(C) of the act making summary judgment on this claim improper.
[HN4] Section 24-15-7(C) provides:
Every ski operator shall have the following duties with respect to the operation of a skiing area:
* * *
to mark conspicuously the top or entrance to each slope, trail or area with the appropriate symbol for its relative degree of difficulty; and those slopes, trails or areas marked at the top or entrance with the appropriate symbols as established or approved by the national ski area association . . . .
(Emphasis added).
Kidd asserts that she presented evidence which created a triable issue on whether TSV breached its duty under § 24-15-7(C) to comply with NSAA standards when it installed a single strand diversionary rope rather than multiple ropes or other barriers. Kidd [*853] argues that the evidence included the fact that although the NSAA had no written standards for marking closures, industry practice dictated the proper use of ropes for closures; TSV’s expert on NSAA standards stated that rope closures should be [**10] as visible as possible, that multiple ropes create a more effective barrier than single ropes, and that unless there are indications to the contrary, three rope barriers should be used rather than a single rope (Appellant’s Appendix, Vol. II at 335, 340 and 343); and there was nothing to prevent TSV from using multiple ropes. Kidd maintains that this evidence created a triable issue on whether TSV complied with NSAA standards making summary judgment on this claim improper.
TSV responds that: the only issue is whether the rope closure at issue complied with NSAA standards; Kidd is attempting to divert the inquiry away from whether TSV complied with NSAA standards by focusing on what TSV could have done rather than on what it did; and its expert testimony established, without exception, that the rope closure complied with NSAA standards.
We agree with the district court’s findings that Kidd produced “only speculation, not expert testimony . . . in attempting to rebut Defendant’s submitted compliance with the Act” and that “the record [is] absent of competent evidence that the closure fell outside industry norms established by NSAA standards.” (Appellant’s Appendix, Vol. II at 450). [**11] Kidd failed to meet her burden as a nonmoving party of producing specific facts “by any of the kinds of evidentiary materials listed in Rule 56(c), except the mere pleadings themselves” to avoid TSV’s properly supported summary judgment motion. Celotex Corp. v. Catrett, 477 U.S. 317, 324, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986). Her conclusory allegations are not sufficient to defeat TSV’s motion. Milton v. Scrivner, Inc., 53 F.3d 1118, 1125 (10th Cir. 1995).
II.
Kidd contends that the district court erred when it barred her from obtaining critical discovery relevant to issues raised in the summary judgment proceedings. Kidd maintains that the district court abused its discretion when it prevented her from deposing TSV employees and from designating a visual acuity expert.
a.
Kidd states that the district court abused its discretion when it prevented her from deposing TSV employees concerning the hazardous nature of the rope. [HN5] Under Fed. R.Civ. P. 26(c), the district court may limit or bar discovery. The decision of a district court to enter a protective order under Rule 26(c) is reviewed for an abuse of discretion. Boughton v. Cotter Corp., 65 F.3d 823, 828 (10th Cir. 1995). Under this standard, “we [**12] will not disturb a trial court’s decision absent ‘a definite and firm conviction that the lower court made a clear error of judgment or exceeded the bounds of permissible choice in the circumstances.'” Thomas v. International Business Machs., 48 F.3d 478, 482 (10th Cir. 1995)(citations omitted).
Senior TSV employees testified that patrol members had been trained concerning the use of markings and compliance with both TSV and the Act’s standards. They also testified that patrol members were instructed to insure that markings were visible. When Kidd attempted to depose ski patrol members on their training and whether the rope in question was appropriately marked, TSV filed a motion for a protective order.
Following a hearing, the magistrate judge entered a discovery order granting TSV’s motion “to the extent Defendant seeks to bar the deposition of the Chief Groomer and the Assistant Head of the Ski Patrol at this time, based upon the court’s finding that subordinate employees should not be deposed to the extent the same information may be obtained from supervisors.” (Appellant’s Appendix, Vol. I at 109).
Kidd objected to the magistrate’s order. Thereafter, the district court [**13] entered a memorandum opinion overruling Kidd’s objections, finding, inter alia:
Plaintiff next objects to Magistrate Judge Svet’s limitation of questioning as to certain non-supervisory employees. The court has reviewed the deposition testimony provided by both the Plaintiff and Defendant [*854] and fails to identify the inconsistencies claimed by the Plaintiff. In fact, Plaintiff’s assertions misstate the evidence. The clear import of all of the depositions is that the supervisory [personnel] are ultimately responsible for the marking of the trails, and that the non-supervisory patrol members have little if any discretion in deciding how trails and hazards are to be marked.
(Appellant’s Appendix at 442B-42C).
We agree. Michael Blake, TSV’s General Manager, testified that he had the “ultimate responsibility” for properly marking TSV. (Appellant’s Appendix, Vol. II at 285). Under these circumstances, we hold that the district court did not abuse its discretion in overruling Kidd’s objections to the magistrate judge’s order.
b.
Kidd declares that the district court abused its discretion when it prevented her from designating a visual acuity expert. The decision to allow [**14] the testimony of an expert not described or listed in the pretrial order rests with the sound discretion of the district court and will not be disturbed absent an abuse of discretion. F.D.I.C. v. Oldenburg, 34 F.3d 1529, 1556 (10th Cir. 1994).
In the initial pre-trial report, Kidd agreed to identify her liability expert witnesses by September 15, 1993. Kidd did not identify any liability expert witnesses by that date. However, Kidd retained additional counsel on January 15, 1994. On January 21, 1994, Kidd’s additional counsel filed a motion to add Freeman Hall, a visual acuity specialist and engineer, as an expert witness. The magistrate judge denied Kidd’s motion.
Following a review of Kidd’s objections to the magistrate judge’s order, the district court entered a memorandum opinion overruling Kidd’s objections, stating:
Plaintiff . . . objects to the Magistrate Judge’s refusal to permit the endorsement of an expert witness . . . . Plaintiff had sought to add an additional expert witness over four months after the deadline for designating experts had passed. Plaintiff has provided no reason for her delay, and the court can find no reason other than the recent addition [**15] of new counsel for the Plaintiff. The court therefore finds that Magistrate Judge Svet’s order denying the addition of the expert . . . is not clearly erroneous or contrary to law.
(Appellant’s Appendix at 442B).
Kidd asserts that the district court abused its discretion when it prevented her from designating a visual acuity expert who would have testified that the rope in question was not visible when, as here: the trial date had not been set; TSV would not have been prejudiced; she had been diligent, with the exception of designating the expert, in conducting her discovery; she did not appreciate the need for a visual acuity expert until she retained additional counsel; and a visual acuity expert was a critical expert who would explain to the jury what factors affected the rope’s visibility and why it could not be seen by skiers.
We hold that the district court did not abuse its discretion in refusing to allow Kidd to designate a visual acuity expert. Kidd’s request to designate an expert was made more than four months after the time period for designating such experts had lapsed. Moreover, Kidd provided no reason for her delay, save to allege that she was not aware of [**16] the need for such an expert until after she had retained additional counsel and that the expert would explain why the rope could not be seen by skiers. Neither of these assertions are sufficient to support Kidd’s claim that the district court abused its discretion, particularly in that it was undisputed that Kidd, “an experienced TSV skier, never saw the rope closure.” (Appellant’s Appendix, Vol. II, Memorandum Opinion, Undisputed Facts, at 445).
III.
Kidd contends that the district court erred when it dismissed her third party beneficiary claim. [HN6] We review de novo the district court’s dismissal for failure to state a claim. Seymour v. Thornton, 79 F.3d 980, 984 (10th Cir. 1996).
In Count III, Kidd alleged, inter allia:
[*855] Under the terms of the Permit between the United States and the Defendant, Defendant is to conduct the operations of the ski area, with full recognition of the need of public safety, 1 and is to regularly inspect the ski area and correct any hazardous conditions.
1 Section “24. Safety” of the Special Use Permit between TSV and the Forest Service provided in part:
The permittee [TSV] shall conduct the operations authorized by this permit with full recognition of the need for public safety. In furtherance of this requirement, the permittee shall prepare a safety plan designed to provide adequate safety to the users of the permitted area and facilities. The plan shall have written approval of the Forest Supervisor prior to the operation of the facilities for public-use purposes. The plan shall include, but shall not be limited to, avalanche prevention and control; amount and kind of rescue equipment; conditioning of trails; and frequency of permittee inspection of area, equipment, machinery, and uphill facilities.
(Appellant’s Appendix, Vol. I at 37).
[**17] The Defendant’s maintaining and permitting the use of an unmarked Rope in the middle of the ski area constituted a breach of this lease term.
The United States . . . in granting the Defendant a right to use [its] property, required that the operation be conducted with full recognition for the need of public safety. The people of the United States, including the Plaintiff, are third-party beneficiaries of the provisions the Lease Agreement between the United States and the Defendant. The Defendant’s operation of the ski area, in violation of the needs for “Public Safety”, constitute a breach of the Agreement. Plaintiff, was a third-party beneficiary of this Lease Contract, had the right to expect the contract to be performed and therefore should be allowed to recover her damages caused by Defendant’s breach.
(Appellant’s Appendix at 5). (Emphasis added).
In dismissing Count III, the district court concluded:
The question before the court is whether the Act provides the exclusive remedy available to the Plaintiff.
* * *
The language of the statute indicates that the legislature intended the Act as the sole remedy for skiers. The Act states that ‘unless a ski operator [**18] is in violation of the Ski Safety Act, with respect to the skiing area . . ., and the violation is a proximate cause of the injury complained of, no action shall lie against such ski area, operator by any skier [or his representative].” . . . [HN7] Under New Mexico law when the meaning of a statute is plain, it must be given effect, and there is no room for construction . . . . Here, the language of the Act is clear and unambiguous, stating that no action shall lie against a ski area operator unless the operator violates the Act and that violation is the proximate cause of the skier’s injury.
The precise question of whether a ski operator is liable to a plaintiff as a third party beneficiary has not been addressed by any appellate court in New Mexico. In Wood v. Angel Fire Ski Corp., 108 N.M. 453, 455, 774 P.2d 447 (Ct.App. 1989), the New Mexico Court of Appeals held that the Act ‘limited in part the tort liability of ski operators.’ Later, in Lopez v. Ski Apache Resort, 114 N.M. 202, 836 P.2d 648 (Ct.App. 1992), the plaintiff sued for tort damages resulting from personal injury. Again, the Court of Appeals held that the ‘provisions of the Act were intended by the legislature to exclusively control each [**19] of plaintiff’s claims herein.’
From the above cases, it is clear that [HN8] the Act is the sole remedy for an action based in tort. In regards to a contract claim, however, the above cases provide only dicta. Yet, these opinions provide persuasive authority indicating that the state courts would reject the Plaintiff’s theory of liability based on a third party beneficiary cause of action. Since the clear language of the Act must be given its plain effect, this Court concludes that a state court hearing this issue would reject the third party beneficiary theory contained in Count III.
(Appellant’s Appendix, Vol. I at 73-74).
We agree with the district court that New Mexico case law provides “persuasive authority [*856] indicating that the state courts would reject Kidd’s theory of liability based on a third party beneficiary cause of action.”
AFFIRMED.
New Mexico Skier Safety Act
Posted: January 23, 2012 Filed under: New Mexico, Ski Area | Tags: Chairlift, New Mexico, Ski lift, Ski Resort, skiing Leave a commentNew Mexico Skier Safety Act
Chapter 24. Health and Safety
Article 15. Ski Safety
Go to the New Mexico Code Archive Directory
Contents
§ 24-15-6. Provisions in lieu of others
§ 24-15-7. Duties of ski area operators with respect to skiing areas
§ 24-15-8. Duties of ski area operators with respect to ski lifts
§ 24-15-9. Duties of passengers
§ 24-15-10. Duties of the skiers
§ 24-15-11. Liability of ski area operators
§ 24-15-12. Liability of passengers
§ 24-15-13. Liability of skiers
§ 24-15-14. Limitation of actions; notice of claim
§ 24-15-1. Short title
Chapter 24, Article 15 NMSA 1978 may be cited as the “Ski Safety Act”.
§ 24-15-2. Purpose of act
A. In order to safeguard life, health, property and the welfare of this state, it is the policy of New Mexico to protect its citizens and visitors from unnecessary hazards in the operation of ski lifts and passenger aerial tramways and to require liability insurance to be carried by operators of ski lifts and tramways. The primary responsibility for the safety of operation, maintenance, repair and inspection of ski lifts and tramways rests with the operators of such devices. The primary responsibility for the safety of the individual skier while engaging in the sport of skiing rests with the skier himself. The state, through the Ski Safety Act [24-15-1 NMSA 1978], recognizes these responsibilities and duties on the part of the ski area operator and the skier.
B. It is recognized that there are inherent risks in the sport of skiing, which should be understood by each skier and which are essentially impossible to eliminate by the ski area operator. It is the purpose of the Ski Safety Act [24-15-1 NMSA 1978] to define those areas of responsibility and affirmative acts for which ski area operators shall be liable for loss, damage or injury and those risks which the skier or passenger expressly assumes and for which there can be no recovery.
§ 24-15-3. Definitions
As used in the Ski Safety Act [24-15-1 NMSA 1978]:
A. “ski lift” means any device operated by a ski area operator used to transport passengers by single or double reversible tramway, chair lift or gondola lift, T-bar lift, J-bar lift, platter lift or similar device or a fiber rope tow;
B. “passenger” means any person, at any time in the year, who is lawfully using a ski lift or is waiting to embark or has recently disembarked from a ski lift and is in its immediate vicinity;
C. “ski area” means the property owned, permitted, leased or under the control of the ski area operator and administered as a single enterprise within the state;
D. “ski area operator” means any person, partnership, corporation or other commercial entity and its agents, officers, employees or representatives who has operational responsibility for any ski area or ski lift;
E. “skiing” means participating in the sport in which a person slides on snow, ice or a combination of snow and ice while using skis;
F. “skiing area” means all slopes, trails, terrain parks and competition areas, not including any ski lift;
G. “skier” means any person, including a person enrolled in ski school or other class for instruction, who is on skis and present at a skiing area under the control of a ski area operator for the purpose of engaging in the sport of skiing by utilizing the ski slopes and trails and does not include a passenger;
H. “ski slopes and trails” means those areas designated by the ski area operator to be used by skiers for the purpose of participating in the sport of skiing;
I. “ski retention device” means a device designed to help prevent runaway skis; and
J. “skis” means any device used for skiing, including alpine skis, telemark skis, cross-country skis, mono-skis, snowboards, bladerunners, adaptive devices used by disabled skiers, or tubes, sleds or any other device used to accomplish the same or a similar purpose to participate in the sport of skiing.
§ 24-15-4. Insurance
A. Every operator shall file with the state corporation commission [public regulation commission] and keep on file therewith proof of financial responsibility in the form of a current insurance policy in a form approved by the commission, issued by an insurance company authorized to do business in the state, conditioned to pay, within the limits of liability herein prescribed, all final judgments for personal injury or property damage proximately caused or resulting from negligence of the operator covered thereby, as such negligence is defined and limited by the Ski Safety Act [24-15-1 NMSA 1978]. The minimum limits of liability insurance to be provided by operators shall be as follows:
SKI SAFETY ACT
Liability insurance
Limits of Liability
Required Minimum Coverage’s
For Injuries, Death or Damages
|
Kind and Number of Lifts Operated |
Limits for Bodily Injury to or Death of Property One Person Damage |
Limits for Bodily Injury to or Death of All Persons Injured or Killed in Any One Accident |
Property Damage |
|
Not more than three surface lifts |
$ 100,000 |
$ 300,000 |
$ 5,000 |
|
Not more than three ski lifts, including one or more chair lifts |
250,000 |
500,000 |
25,000 |
|
More than three ski lifts or one or more tramways |
500,000 |
1,000,000 |
50,000. |
B. No ski lift or tramway shall be operated in this state after the effective date of the Ski Safety Act [24-15-1 NMSA 1978] unless a current insurance policy as required herein is in effect and properly filed with the state corporation commission [public regulation commission]. Each policy shall contain a provision that it cannot be canceled prior to its expiration date without thirty days’ written notice of intent to cancel served by registered mail on the insured and on the commission.
§ 24-15-5. Penalty
Any operator convicted of operating a ski lift or aerial passenger tramway without having obtained and kept in force an insurance policy as required by the Ski Safety Act [24-15-1 NMSA 1978] is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($ 500) for each day of illegal operation. The attorney general or the district attorney of the county where the ski area is located has the power to bring proceedings in the district court of the county in which the ski area is located to enjoin the operation of any ski lift or tramway being operated without a current insurance policy, in the amounts prescribed herein, being obtained and kept in force and covering the operator concerned.
§ 24-15-6. Provisions in lieu of others
Provisions of the Ski Safety Act [24-15-1 NMSA 1978] are in lieu of all other regulations, registration or licensing requirements for ski areas, ski lifts and tramways. Ski lifts and tramways shall not be construed to be common carriers within the meaning of the laws of New Mexico.
§ 24-15-7. Duties of ski area operators with respect to skiing areas
Every ski area operator shall have the following duties with respect to the operation of a skiing area:
A. to mark all snow-maintenance vehicles and to furnish such vehicles with flashing or rotating lights, which shall be in operation whenever the vehicles are working or are in movement in the skiing area;
B. to mark with a visible sign or other warning implement the location of any hydrant or similar equipment used in snow-making operations and located on ski slopes and trails;
C. to mark in a plainly visible manner the top or entrance to each slope, trail or area with the appropriate symbol for its relative degree of difficulty, using the symbols established or approved by the national ski areas association; and those slopes, trails or areas which are closed, or portions of which present an unusual obstacle or hazard, shall be marked at the top or entrance or at the point of the obstacle or hazard with the appropriate symbols as are established or approved by the national ski areas association or by the New Mexico ski area operators association;
D. to maintain one or more trail boards at prominent locations at each ski area displaying that area’s network of ski trails and slopes with each trail and slope rated in accordance with the symbols and containing a key to the symbols;
E. to designate by trail board or otherwise at the top of or entrance to the subject trail or slope which trails or slopes are open or closed;
F. to place or cause to be placed, whenever snow-maintenance vehicles or snow-making operations are being undertaken upon any trail or slope while such trail or slope is open to the public, a conspicuous notice to that effect at or near the top or entrance of such trail or slope;
G. to provide ski patrol personnel trained in first aid, which training meets at least the requirements of the national ski patrol outdoor emergency care course, and also trained in winter rescue and toboggan handling to serve the anticipated number of injured skiers and to provide personnel trained for the evacuation of passengers from stalled aerial ski lifts. A first aid room or building shall be provided with adequate first aid supplies, and properly equipped rescue toboggans shall be made available at all reasonable times at the top of ski slopes and trails to transport injured skiers from the ski slopes and trails to the first aid room;
H. to post notice of the requirements of the Ski Safety Act [24-15-1 NMSA 1978] concerning the use of ski retention devices;
I. to warn of or correct particular hazards or dangers known to the operator where feasible to do so; and
J. to warn of snowmobiles or all-terrain vehicles (ATV’s) operated on the ski slopes or trails with at least one lighted headlamp, one lighted red tail lamp, a brake system and a fluorescent flag that is at least forty square inches and is mounted at least six feet above the bottom of the tracks or tires.
§ 24-15-8. Duties of ski area operators with respect to ski lifts
Every ski area operator shall have the duty to operate, repair and maintain all ski lifts in safe condition. The ski area operator, prior to December 1 of each year, shall certify to the state corporation commission [public regulation commission] the policy number and name of the company providing liability insurance for the ski area and the date of the ski lift inspections and the name of the person making such inspections.
§ 24-15-9. Duties of passengers
Every passenger shall have the duty to conduct himself carefully and not to:
A. board or embark upon or disembark from a ski lift except at an area designated for such purpose;
B. drop, throw or expel any object from a ski lift;
C. do any act which shall interfere with the running or operation of a ski lift;
D. use any ski lift unless the passenger has the ability to use it safely without any instruction on its use by the ski area operator or requests and receives instruction before boarding the ski lift;
E. willfully or negligently engage in any type of conduct which contributes to or causes injury to any person;
F. embark on a ski lift without the authority of the ski area operator;
G. use any ski lift without engaging such safety or restraining devices as may be provided; or
H. wear skis without properly securing ski retention devices; or
I. use a ski lift while intoxicated or under the influence of any controlled substance.
§ 24-15-10. Duties of the skiers
A. It is recognized that skiing as a recreational sport is inherently hazardous to skiers, and it is the duty of each skier to conduct himself carefully.
B. A person who takes part in the sport of skiing accepts as a matter of law the dangers inherent in that sport insofar as they are obvious and necessary. Each skier expressly assumes the risk of and legal responsibility for any injury to person or property which results from participation in the sport of skiing, in the skiing area, including any injury caused by the following: variations in terrain; surface or subsurface snow or ice conditions; bare spots; rocks, trees or other forms of forest growth or debris; lift towers and components thereof, pole lines and snow-making equipment which are plainly visible or are plainly marked in accordance with the provisions of Section 24-15-7 NMSA 1978; except for any injuries to persons or property resulting from any breach of duty imposed upon ski area operators under the provisions of Sections 24-15-7 and 24-15-8 NMSA 1978. Therefore, each skier shall have the sole individual responsibility for knowing the range of his own ability to negotiate any slope or trail, and it shall be the duty of each skier to ski within the limits of the skier’s own ability, to maintain reasonable control of speed and course at all times while skiing, to heed all posted warnings, to ski only on a skiing area designated by the ski area operator and to refrain from acting in a manner which may cause or contribute to the injury of anyone.
C. Responsibility for collisions by any skier while actually skiing, with any person or object, shall be solely that of each individual involved in the collision, except where an employee, agent or officer of the ski area operator is personally involved in a collision while in the course and scope of his employment or where a collision resulted from any breach of duty imposed upon a ski area operator under the provisions of Sections 24-15-7 or 24-15-8 NMSA 1978. Each skier has the duty to stay clear of and avoid collisions with snow-maintenance equipment, all-terrain vehicles and snowmobiles marked in compliance with the provisions of Subsections A and J of Section 24-15-7 NMSA 1978, all other vehicles, lift towers, signs and any other structures, amenities or equipment on the ski slopes and trails or in the skiing area.
D. No person shall:
(1)place any object in the skiing area or on the uphill track of any ski lift which may cause a passenger or skier to fall;
(2)cross the track of any T-bar lift, J-bar lift, platter lift or similar device or a fiber rope tow, except at a designated location;
(3)when injured while skiing or using a ski lift or, while skiing, when involved in a collision with any skier or object in which an injury results, leave the ski area before giving his name and current address to the ski area operator, or representative or employee of the ski area operator, and the location where the injury or collision occurred and the circumstances thereof; provided, however, in the event a skier fails to give the notice required by this paragraph, a court, in determining whether or not such failure constitutes a violation of the Ski Safety Act [24-15-1 NMSA 1978], may consider the reasonableness or feasibility of giving such notice; or
(4)use a ski lift, skiing area, slopes or trails while intoxicated or under the influence of any controlled substance.
E. No skier shall fail to wear retention straps or other ski retention devices to help prevent runaway skis.
F. Any skier upon being injured shall indicate, to the ski patrol personnel offering first aid treatment or emergency removal to a first aid room, his acceptance or rejection of such services as provided by the ski area operator. If such service is not refused or if the skier is unable to indicate his acceptance or rejection of such service, the acceptance of the service is presumed to have been accepted by the skier. Such acceptance shall not constitute a waiver of any action for negligent provision of the service by the ski patrol personnel.
§ 24-15-11. Liability of ski area operators
Any ski area operator shall be liable for loss or damages caused by the failure to follow the duties set forth in Sections 24-15-7 and 24-15-8 NMSA 1978 where the violation of duty is causally related to the loss or damage suffered, and shall continue to be subject to liability in accordance with common-law principles of vicarious liability for the willful or negligent actions of its principals, agents or employees which cause injury to a passenger, skier or other person. The ski area operator shall not be liable to any passenger or skier acting in violation of his duties as set forth in Sections 24-15-9 and 24-15-10 NMSA 1978 where the violation of duty is causally related to the loss or damage suffered.
§ 24-15-12. Liability of passengers
Any passenger shall be liable for loss or damages resulting from violations of the duties set forth in Section 24-15-9 NMSA 1978, and shall not be able to recover from the ski area operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.
§ 24-15-13. Liability of skiers
Any skier shall be liable for loss or damages resulting from violations of the duties set forth in Section 24-15-10 NMSA 1978, and shall not be able to recover from the ski area operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.
§ 24-15-14. Limitation of actions; notice of claim
A. Unless a ski area operator is in violation of the Ski Safety Act [24-15-1 NMSA 1978], with respect to the skiing area and ski lifts, and the violation is a proximate cause of the injury complained of, no action shall lie against such ski area operator by any skier or passenger or any representative of a skier or passenger. This prohibition shall not prevent the bringing of an action against a ski area operator for damages arising from injuries caused by negligent operation, maintenance or repair of the ski lift.
B. No suit or action shall be maintained against any ski area operator for injuries incurred as a result of the use of a ski lift or ski area unless the same is commenced within three years of the time of the occurrence of the injuries complained of.
Created January 9, 2012
Artists Sought for Waterfowl Competition
Posted: January 20, 2012 Filed under: Colorado | Tags: Artists, Colorado, Competition, Stamp, Waterfowl Leave a comment
2010 CO Waterfowl Stamp
[Colorado Parks and Wildlife looking for Artists for its Waterfowl Competition]
ARTISTS SOUGHT FOR WATERFOWL COMPETITION
DENVER – Colorado Parks and Wildlife is soliciting original artwork entries for the 2012 Colorado Waterfowl Stamp Art Contest. This year’s species of focus is the Ross’s goose, a small white goose that is often confused with the snow goose. The deadline for artists to submit entries is 4 p.m., Friday, March 2.
“We have a relatively large format entry for waterfowl stamps art and that really lets artists be creative with their depiction of the birds we choose each year,” said Brian Sullivan, who coordinates the waterfowl stamp program for Colorado Parks and Wildlife.
The Colorado Waterfowl Stamp program was implemented in 1990 and provides funding to conserve wetlands for waterfowl and other wetland-dependent wildlife. Waterfowl hunters 16 years of age and older are required by state law to purchase a waterfowl stamp validation annually before hunting. In addition to hunters, many collectors aid in wetland conservation by purchasing collector stamps and prints that are created from the winning entry.
All revenue generated from the sale of the hunter version of the Waterfowl Stamp – more than $6.7 million to date – is used to fund wetlands projects throughout the state. Almost 20,000 acres of wetlands have been protected with Waterfowl Stamp funds so far. In 2011, waterfowl stamp funds were used to help improve water management at the Andrick Ponds State Wildlife Area in Morgan County, which is managed as a quality waterfowl-hunting property.
This year’s featured species, the Ross’s goose, is a white goose with black wingtips that looks like a miniature version of the larger and more abundant snow goose. Distinguishing between Ross’s goose and snow goose is typically easiest in flight, where the Ross’s shorter neck and smaller head is more apparent. Ross’s geese have been noted in many parts of Colorado but they are generally spotted over the plains or in western Colorado during migrations between their Canadian tundra breeding grounds and their warmer southern wintering areas.
Artists who wish to enter the competition must submit a 13-inch high by-18 inch wide, full-color original artwork. There is a $50 fee for each entry. The winning entry will receive $3,500 with smaller cash prizes for second and third place as well. Complete requirements are explained in the application packet, which is available at http://wildlife.state.co.us/Hunting/Waterfowl/WaterfowlStampProgram/. Hunters can purchase the required $5 waterfowl stamp validation where hunting licenses are sold. The gum-backed stamp is available for a small additional fee.
Collector gum-backed stamps and art prints of the 2012 waterfowl stamp will be available for purchase in late July. Collector stamps and prints are sold through the Colorado Wildlife Heritage Foundation. The Colorado Wildlife Heritage Foundation also has past stamp winner prints available.
The Colorado Wildlife Heritage Foundation was created in 1989 as a result of Governor Roy Romer’s Wildlife 21 Task Force report, which recognized that Colorado’s abundant and diverse wildlife makes an immense contribution to the state’s economy and the quality of life in the state. It also found that declining hunting and fishing revenues were insufficient to protect wildlife habitat from the threats posed by development.
The Foundation was formed to raise money to help fill the gap between available hunting and fishing funds and wildlife needs. The Foundation focuses its efforts on habitat preservation, wildlife research, species recovery, responding to wildlife emergencies and educating people about wildlife.
For more information on the Colorado Wildlife Heritage Foundation, go to: http://www.cwhf.info/.
For more information about Division of Wildlife go to: http://wildlife.state.co.us.
PEAK: Preparing Educators for Adventures with Kids Conference
Posted: January 19, 2012 Filed under: Uncategorized | Tags: Camps, Cedar Mountain, Educators, NC, North Carolina, Outdoor Education, Peak, Program director, YMCA Leave a commentI wanted to make you aware of the Outdoor Education Conference PEAK: Preparing Educators for Adventures with Kids, February 16-18 in Cedar Mountain, NC. Check out http://www.campgreenville.org/peak.php for a list of presentations and to register. Also included in the conference is a Level 1 and Level 2 Challenge Course certification course and Project WET.
Looking forward to having you with us!
Susan W. Huter
Senior Program Director
YMCA Camp Greenville
PO Box 390Cedar Mountain, NC28718
(P) 864 836 3291 ext 106 (F) 864 836 3140
Cyclists! We need to change this. It is legal to change it, it is right to change it.
Posted: January 18, 2012 Filed under: Criminal Liability, Cycling, Uncategorized | Tags: Cycling, Driving, Law, Maui, Organizations, Sports, Traffic Leave a comment
Image via Wikipedia
We have to get/force/educate law enforcement that cyclists are not just future road kill!
If you ride regularly, other than on a trainer, you’ve probably been scared, brushed or hit on a bike by a vehicle. If you are injured or your bike or other property is damaged, a
nd you call the police/state patrol/sheriff, you are probably ignored, or if they respond, still ignored.
People are starting to take action about the issue of motorists killing or almost killing cyclists. See Tell Maui and HI that you’re not coming until they prove the place is safe and the news article Family Of Killed Cyclist Mathieu Lefevre Sues NYPD For Withholding Information. The horses are hitched; it’s time to get on the band wagon!
This has to stop!
There are several things you must do (yes I’m not suggesting I’m telling you).
Before an incident.
1. Get a law passed that gives cyclists the right to call law enforcement that makes law enforcement respond.
The law should say the cops have to show up.
The law should say the cops have to take a report.
2. If you are politically active, ask politicians if they support the right of cyclists to be on the road. The law has already allowed it, so this is to find out any bias.
Once you get an answer if is one you like to tell them you are going to support them and tell everyone.
If it is an answer, you do not like, get it confirmed somehow. Record the response or get a written response, some way to hold the person accountable later. Usually when a politician finds out, they’re commented was stupid, they correct it.
If they still stand by a negative answer, let the world know. If proof of the claim I’ll post it, and I know of a lot of other cycling blogs that will post it. Let your local bicycle advocacy groups know. (You are a member right!).
After an Incident
Image via Wikipedia
For what to do before an incident and what to do after an incident see: How do you prove to a cop that you were not at fault in an accident with a car when you were on a bike?
If you follow the advice in How do you prove to a cop that you were not at fault in an accident with a car when you were on a bike?You should get a response. If not, then proceed to step 3.
After an Incident and you do not get a response!
1. Make noise. Make lots of noise. To borrow an old slogan, be loud and proud.
Contact the head of the law enforcement agency and get a reason why you have not had a response. Furthermore, ask for a copy of the file on the incident. In most states, you have the right and can get this file.
Contact the District Attorney’s office and find out why charges have not been pressed against the driver. Ask for a copy of the file.
Contact the chief political politician, mayor, commissioner, governor and ask them why nothing has happened. Ask them to investigate. A month later asks for a copy of their file on the incident.
Contact the local Visitors Bureau and let them know that you have that their city/county/state is dangerous, and you will let other cyclists know. Those cyclists’ make up a big part of the economy and cyclists visit the area to ride.
The more the merrier!
Ask your friends and other cyclists to help. They can also contact law enforcement, the District Attorney, the visitor’s bureau and the media to add weight and support to what you are doing.
In all communications, it is important for both you, and others that are assisting, to copy people on the communications. In many cases the people you copy are the most important part of the letter. CC everyone above on each other’s letters. Always include any bicycle groups or clubs with a copy. Include bike shops as a cc in your communication so the people you are contacting understand that you are getting the word out.
In your communications be polite and be persistent. Set up a schedule. Give the prosecutor and law enforcement a month at first. No response gives them another month, then 2 weeks then every week. I would suggest you do this in such a way you can keep records of your communications. What you said and when you said it. Email or in writing is best.
In your communications be polite and be persistent. Do not threaten anything except your vote and your obligation to communicate. You do not want to put yourself in any box except as an aggrieved citizen or worse charged with harassing a government official.
If you have not heard anything after the first week, get on the publicity horn. Prepare a written statement of what occurred. Include any witness names and contact information. Include any photographs, GPS files, etc. and send it to every media outlet in your community and every cycling media outlet. Most will ignore it, but on a slow news day, you may get lucky.
You want your initial contact to be valid enough so that you are not considered a whack job by the media. You want to come across as a member of the community hat was almost killed, and you want to know why the police have not done anything.
If you want to invest a ton of time, you can go to the courts in many jurisdictions and request a special prosecutor. A special prosecutor is one from another county whom the court orders to investigate the case and see if charges should be brought. This is rarely granted, however, it will show that you are serous, and it will help get more media interest in your case.
You may never get a ticket issued against the driver. However, you will let the community know that cycling is dangerous in your community and what politicians and other elected officials think about the issue.
If enough people do something, something will happen. Eventually, law enforcement will track down and start issuing tickets to.
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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WMS Trailblazer – January 2012
Posted: January 17, 2012 Filed under: First Aid, Utah | Tags: Conference, first aid, Medical, Physcian, Recreation, Wilderness Medical Society (WMS), WMS Leave a comment[Wilderness Medical Society (WMS) Updates]
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Leading the worldwide community of Wilderness Medicine
February 4-8, 2012
Will the ski industry ignore itself into litigation nightmares or will it decided to make skiers assume the risk
Posted: January 16, 2012 Filed under: Legal Case, New Jersey, Skier v. Skier | Tags: Collision, Death, Mountain Creek, New Jersey, NSAA, NSP, Ski, Skier Responsibility Code, Skier v. Skier Collision, Snowboard, Sports Leave a commentAngland v. Mountain Creek Resort, Inc., 2011 N.J. Super. Unpub. LEXIS 2542
The issue as identified in this case is ongoing throughout the US, is the standard of care reckless skiing, the standard of care in most of life or just failing to ski perfectly.
This is another case that cannot be relied upon for any major legal principle because it is still facing months or years of litigation. However, it identifies an issue in the ski industry, and probably other industries in the future on the standard of care a skier owes another skier. (In this case I use the term skier to mean anyone on the mountain, skier, boarder, telemark skier, snow bike, etc.)
Is the standard of care that of someone acting recklessly or is the standard of care violating the “skier’s responsibility code?”
This case
The case is simple with drastic consequences. A snowboarder and a skier were on the same slope. Allegedly, another person cut the snowboarder off, and he quickly turned to his left colliding with Angland, the deceased. Angland fell and slid a distance into a wall where he died. Here is the court’s interpretation of what happened.
In order to avoid the unidentified skier, Brownlee turned quickly to his left. In doing so, Brownlee’s snowboard and the decedent’s skis became entangled. The two men collided, fell, and slid downhill. Decedent ultimately impacted a concrete bridge headfirst. He died as a result. Brownlee stopped sliding. He stood up and went to Angland’s assistance.
The family/estate of the deceased sued the ski area, Mountain Creek and the snowboarder. Mountain Creek and the snowboarder filed motions for summary judgment. Mountain Creek was dismissed from the suit based on the New Jersey Ski Statute. The court held that there was enough factual issue in the arguments of the parties that had to be decided by a jury so therefore the snowboarder was not dismissed from the case.
The main issue appears to be did the snowboarder violate the standard of care as set forth in the New Jersey Ski Statute. The relevant part of the statute is:
N.J.S.A. § 5:13-4. Duties of skiers
(4) Knowingly engage in any act or activity by his skiing or frolicking, which injures other skiers while such other skiers are either descending any trail, or standing or congregating in a reasonable manner, and due diligence shall be exercised in order to avoid hitting, colliding with or injuring any other skier or invitee.
The expert witness for the plaintiff testified that the snowboarder did violate the statute and consequently, the standard of care when he deviated “… from the statutory standard occurred when Brownlee failed to keep a proper lookout, made a panic stop, and turned to his left in front of decedent.”
If you are turning to avoid a collision, you are maintaining a proper lookout. If you are a goofy footed snowboarder you have limited vision to your left. Again, if you are avoiding a collision or a problem, you turn in skiing and boarding.
The court did not dismiss the complaint of the snowboarder because the court believed the snowboarder may have violated the statute. The statute is not aligned with the other states in how it describes the standard of care leaving a large whole in understanding what level of care is owed by one skier to another.
Do any of those issues rise to the level that they are reckless?
In the past, the standard to determine if a skier was skiing in a negligent manner was whether the skier was skiing recklessly. Reckless skiing is defined as:
….intentionally injure or engage in conduct that is so reckless as to be totally outside the range of ordinary activity involved in the sport. Mastro v. Petrick, 93 Cal. App. 4th 83; 112 Cal. Rptr. 2d 185; 2001 Cal. App. LEXIS 2725; 2001 Cal. Daily Op. Service 9124 (California)
Carelessness and recklessness,’ though more than ordinary negligence, is less than willfulness or wantonness.” Strawbridge vs. Sugar Mountain Resort, 320 F. Supp. 2d 425; 2004 U.S. Dist. LEXIS 14561 (North Carolina)
A defendant, however, may not be held liable for negligent, or even reckless or intentional injurious conduct that is not outside the range of ordinary activity involved in the sport. Fontaine v. Boyd, 2011 R.I. Super. LEXIS 27 (Rhode Island)
…done heedlessly and recklessly, without regard to consequences, or of the rights and safety of others, particularly the plaintiff. Stamp, v. The Vail Corporation, 172 P.3d 437; 2007 Colo. LEXIS 1082 (Colorado)
…recklessness is “a conscious choice of a course of action either with knowledge of the serious danger to others involved in it or with knowledge of facts which would disclose this danger to any reasonable man, and the actor must recognize that his conduct involves a risk substantially greater . . . than that which is necessary to make his conduct negligent, Hanks v. Powder Ridge Restaurant Corporation et al., 276 Conn. 314; 2005 Conn. LEXIS 500
Recklessness is not intentional acts; it is just short of that. The expert in this case looked at the issues and identified three things that the defendant snowboarder did that violated the New Jersey Ski Statute:
· failed to keep a proper lookout
· made a panic stop
· turned to his left in front of decedent
In my opinion, none of the actions of the defendant in this case violated the standard of care. Looking at this from the standard of care of all other states with ski areas the defendant snowboarder was not reckless. However, if the plaintiff’s bar has its way, the actions of the defendant snowboarder may have violated the skier responsibility code.
The heart of the argument is the plaintiffs are attempting to change the standard of care from reckless to a much lower level. Usually, that level is aligned with the public-safety program developed by the National Ski Patrol called the Skier Responsibility Code. A few caveats about the code.
1. It is not set in stone; in fact, an internet search for the code will identify dozens of different codes. The version on the National Ski Patrol website and the National Ski Area Association website are even different.
2. It was created as a guideline, not a standard of care.
3. Only Montana has incorporated the code in its statute.
So Now What?
My issue with the entire issue is no one seems to want to take a stand and say this is going to be a disaster if we don’t do something about it. Allowing the definition of a breach of the standard of care between skiers/boarders on the slope is going to cost ski areas a lot of money, more so if they are not named in the suit.
Every lawsuit based ski area land; the ski area is going to have to do things that cost money.
1. Copies of reports, maps, and ski patrol information must be identified and provided to opposing parties.
2. Employees will be deposed and attend trial; the resort is going to have to pay them to attend.
3. When employees are being deposed, and possibly attend trial, attorneys are going to have to be hired to represent the employees.
These are just three quick instances. This does not include such things as closing the slope for a site inspection. If only two employees are subpoenaed think of the cost of preparing for deposition, being deposed, preparing for trial and attending a trial to a ski area.
This is very expensive and if the ski area is not named in the suit, there is no insurance to cover these costs.
From the perspective of this case, there is a lot left to argue. We can only wait and see what the outcome is, if we ever learn.
From the perspective of the ski industry, the industry needs to realize that this is only going to get worse.
The industry needs to:
· Inform people that collisions, unless reckless or intentional are assumed and part of the risk of skiing. California has done this.
· Change statutes to say that collisions in skiing, like in football, basketball, soccer, baseball are part of the risk of skiing, and a participant assumes the risk.
· Define the Skier Responsibility Code as help, not the standard of care.
What do you think? Leave a comment.
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Angland v. Mountain Creek Resort, Inc., 2011 N.J. Super. Unpub. LEXIS 2542
Posted: January 16, 2012 Filed under: Uncategorized Leave a commentAngland v. Mountain Creek Resort, Inc., 2011 N.J. Super. Unpub. LEXIS 2542
Daniel Angland and Daniel Wheeler, Co-Administrators of the Estate of Robert E. Angland, and Charles Johnson, IV, Administrator of the estate of Nancy Angland, Plaintiffs-Respondents, v. Mountain Creek Resort, Inc., a New Jersey Corporation, Defendant-Respondent, and William Tucker Brownlee, Defendant-Appellant. Mountain Creek Resort, Inc., Third-Party Plaintiff/Respondent, v. William Tucker Brownlee, Third-Party Defendant.
Docket No. A-3100-10T4
Superior Court of New Jersey, Appellate Division
2011 N.J. Super. Unpub. LEXIS 2542
May 31, 2011, Argued
October 7, 2011, Decided
Notice: not for publication without the approval of the appellate division.
Please consult New Jersey rule 1:36-3 for citation of unpublished opinions.
Prior history: [*1]
On appeal from the Superior Court of New Jersey, Law Division, Sussex County, Docket No. L-0474-08.
CORE TERMS: skier, decedent, ski, collision, phantom, trail, Ski Act, summary judgment, skiing, common law, ski area, standard of care, slope, front, bridge, patrol, leave to appeal, order to avoid, knowingly, negotiate, sliding, speed, written statement, snowboarding, unidentified, deposition, snowboard, collided, minute, skis
COUNSEL: John Burke argued the cause for appellant (Burke & Potenza, attorneys; Mr. Burke, of counsel and on the brief).
Phillip C. Wiskow argued the cause for respondents the Administrators of the Estate of Robert E. Angland and Nancy Angland (Gelman, Gelman, Wiskow & McCarthy, attorneys; Mr. Wiskow, of counsel and on the brief).
Hueston McNulty, attorneys for respondent Mountain Creek Resort, Inc. (Samuel J. McNulty and John F. Gaffney, of counsel and on the brief).
JUDGES: Before Judges A.A. Rodríguez and C.L. Miniman.
OPINION
PER CURIAM
William Tucker Brownlee moved for leave to appeal from the August 31, 2010 interlocutory order denying his motion for summary judgment against plaintiffs, the Administrators of the Estate of Robert E. Angland and Nancy Angland, and Mountain Creek Resort, Inc. (Mountain Creek). We initially denied the motion. Angland v. Mountain Creek, et al., No. M-403-10 (App. Div. October 14, 2010). However, the Supreme Court granted leave to appeal and summarily remanded to us to consider the merits on February 15, 2011.
These are the facts presented to the summary judgment judge. On Friday, [*2] January 19, 2007, shortly before noon, plaintiff’s decedent, Robert Angland, suffered injuries resulting in his death while skiing at a ski area operated by defendant Mountain Creek. The facts are sharply disputed. However, all parties agree that just before the accident, defendant William Tucker Brownlee was snowboarding at Mountain Creek on the same slope as decedent. Brownlee and Angland made contact.
Besides these two points, the parties’ versions of the facts diverge. According to Brownlee, as he was snowboarding on the far right side of the trail, an unidentified skier wearing a brown puffy jacket came from his left and cut directly in front of him. In order to avoid the unidentified skier, Brownlee turned quickly to his left. In doing so, Brownlee’s snowboard and the decedent’s skis became entangled. The two men collided, fell, and slid downhill. Decedent ultimately impacted a concrete bridge headfirst. He died as a result. Brownlee stopped sliding. He stood up and went to Angland’s assistance. The ski patrol arrived and took decedent for medical assistance.
According to plaintiffs, there were almost no skiers on the trail at the time of the collision between Brownlee and decedent. [*3] Plaintiffs allege that Brownlee’s “phantom skier” scenario is impeached by other evidence. Brownlee’s version is that the phantom skier went in front of him and to his left. At Brownlee’s deposition, he testified the phantom skier was at “eleven o’clock” to his position, and that the phantom skier cut to his right and decreased his speed. As a result, Brownlee cut to his left. Before Brownlee’s snowboard went over one of decedent’s skis and under the other, Brownlee acknowledged that he was out of control.
Immediately after the accident, Greg Pack, Vice President and Managing Director of Mountain Creek, skied over to Brownlee, who was approximately fifteen feet from Angland and the bridge. According to Pack, less than one minute after the accident, Brownlee stated that he was cut-off and involved in a collision.
Within thirty minutes of the accident, Brownlee told his close high school friend, Keith Eilerstan, who accompanied him to Mountain Creek that day, that a lady fell in front of him, and as a result, he steered off to his right and collided with decedent. Brownlee also gave a written statement to Mountain Creek’s ski patrol and spoke to the Vernon Police Department on the day [*4] of the accident.
In not one of Brownlee’s statements to Pack, Eilerstan, Mountain Creek’s ski patrol or the Vernon police on the day of the accident did he identify the phantom skier by way of age, sex or clothing.
In a written statement, and in certified answers to interrogatories provided months later, Brownlee indicated that decedent fell and slid down the hill after the collision. Yet, he testified at his deposition soon after that he did not see decedent fall or slide.
Plaintiffs also note that Mountain Creek’s accident reconstruction expert has prepared a report stating that the collision between Brownlee and Angland most likely occurred approximately one hundred feet from the bridge. It is also likely that Angland’s multiple facial fractures were caused by the collision between the two men, as opposed to by contact with the bridge.
Plaintiffs’ liability expert, Irving S. Scher, Ph.D., a Biomechanical Engineer, has opined that Brownlee violated the standard of care set by N.J.S.A. 5:13-1 to -11 (Ski Act), the New Jersey statute that defines the duties involved in skiing. Specifically, N.J.S.A. 5:13-4 provides the duties of a skier. According to the report, the deviation from the [*5] statutory standard occurred when Brownlee failed to keep a proper lookout, made a panic stop, and turned to his left in front of decedent.
Plaintiffs sued Mountain Creek and Brownlee. After a period of discovery, Mountain Creek and Brownlee moved for summary judgment. Judge William J. McGovern, III, denied Brownlee’s motion for summary judgment, and granted Mountain Creek’s motion. In a written opinion, dated August 31, 2010, the judge concluded that, in viewing the facts in the light most favorable to Brownlee, as required by Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 666 A.2d 146 (1995), Mountain Creek was entitled to summary judgment on the issue of the Ski Act providing a standard of care. The judge acknowledged that the purpose of the Ski Act was announced by the Legislature in N.J.S.A. 5:13-1(b). This section of the Ski Act provides that “the purpose of this law is to make explicit a policy of this State which clearly defines the responsibility of ski area operators and skiers.” N.J.S.A. 5:13-1(b). The judge noted that the Supreme Court has recognized that the Ski Act completely replaces the common law with respect to the activities and persons it covers.
[T]he analysis of liability [*6] under the Ski Statute and the analysis under the common law of negligence have significant parallels.
That fact, coupled with the Legislature’s statements of intent, lead us to conclude that where the Ski Statute properly applies, the Legislature intended completely to displace the common law with regard to the statutorily defined parties. The Ski Statute was intended to “clearly define[] the responsibility of ski area operators.” N.J.S.A. 5:13-1(b). The legislative committee statement stated as a primary concern the uncertainty over operator liability following Vermont’s Sunday1 case. That interest would have been poorly served had the Ski Statute merely supplemented the common law. By codifying, as modified, fundamental principles of negligence as they apply to skiers and ski-area operators, the Legislature provided certainty by occupying the entire field.
[Brett v. Great Am. Recreation, 144 N.J. 479, 502, 677 A.2d 705 (1996) (internal citations omitted).]
1 Sunday v. Stratton Corp., 136 Vt. 293, 390 A.2d 398 (Vt. 1978).
On appeal, Brownlee contends that the judge “committed error in holding that New Jersey’s ski statute sets forth the standard of care applicable to claims between skiers.” We disagree and concur [*7] with Judge McGovern that this argument is without merit. We concur with the judge’s analysis and note that although the main legislative intent was to define the responsibilities of skier and ski area operations towards each other, the Legislature also intended to create a standard of conduct for skiers towards other skiers. N.J.S.A. 5:13-4 provides in pertinent part:
Duties of skiers
a. Skiers shall conduct themselves within the limits of their individual ability and shall not act in a manner that may contribute to the injury of themselves or any other person.
b. No skier shall:
….
(4) Knowingly engage in any act or activity by his skiing or frolicking which injures other skiers while such other skiers are either descending any trail, or standing or congregating in a reasonable manner, and due diligence shall be exercised in order to avoid hitting, colliding with or injuring any other skier or invitee.
….
d. A skier shall be the sole judge of his ability to negotiate any trail, slope, or uphill track and shall not attempt to ski or otherwise traverse any trail, slope or other area which is beyond the skier’s ability to negotiate.
….
g. No person on foot or on any type of sliding device [*8] shall knowingly operate said device so as to cause injury to himself or others, whether such injury results from a collision with another person or with an object.
[Ibid. (emphasis added).]
Moreover, N.J.S.A. 5:13-5 provides:
Assumption of risk of skier
A skier is deemed to have knowledge of and to assume the inherent risks of skiing, operating toboggans, sleds or similar vehicles created by weather conditions, conditions of snow, trails, slopes, other skiers, and all other inherent conditions. Each skier is assumed to know the range of his ability, and it shall be the duty of each skier to conduct himself within the limits of such ability, to maintain control of his speed and course at all times while skiing, to heed all posted warnings and to refrain from acting in a manner which may cause or contribute to the injury of himself or others.
[Ibid.; L.1979, c. 29, § 5, eff. Feb.22, 1979.]
Brownlee also contends that “there is no evidence that Brownlee breached the heightened standard of care.” There are material facts in dispute regarding Brownlee’s conduct. Disputes exist as to the presence of a phantom skier, and as to how and where decedent was injured. These factual disputes must be decided [*9] by the jury and summary judgment is precluded. Brill supra, 142 N.J. at 537.
Affirmed.
New Jersey Ski Statute
Posted: January 16, 2012 Filed under: Uncategorized Leave a commentTITLE 5. AMUSEMENTS, PUBLIC EXHIBITIONS AND MEETINGS
CHAPTER 13. SKIING
GO TO THE NEW JERSEY ANNOTATED STATUTES ARCHIVE DIRECTORY
§ 5:13-1. Legislative findings; purpose of law
a. The Legislature finds that the sport of skiing is practiced by a large number of citizens of this State and also attracts to this State large numbers of nonresidents, significantly contributing to the economy of this State and, therefore, the allocation of the risks and costs of skiing are an important matter of public policy.
b. The purpose of this law is to make explicit a policy of this State which clearly defines the responsibility of ski area operators and skiers, recognizing that the sport of skiing and other ski area activities involve risks which must be borne by those who engage in such activities and which are essentially impractical or impossible for the ski area operator to eliminate. It is, therefore, the purpose of this act to state those risks which the skier voluntarily assumes for which there can be no recovery.
§ 5:13-2. Definitions
As used in this act
a. “Operator” means a person or entity who owns, manages, controls or directs the operation of an area where individuals come to ski, whether alpine, touring or otherwise, or operate skimobiles, toboggans, sleds or similar vehicles and pay money or tender other valuable consideration for the privilege of participating in said activities, and includes an agency of this State, political subdivisions thereof or instrumentality of said entities, or any individual or entity acting on behalf of an operator for all or part of such activities.
b. “Ski area” includes all of the real and personal property, under the control of the operator or on the premises of the operator which are being occupied, by license, lease, fee simple or otherwise, including but not limited to all passenger tramways, designated trails, slopes and other areas utilized for skiing, operating toboggans, sleds, or similar vehicles during the skiing season.
c. “Skier” means a person utilizing the ski area for recreational purposes such as skiing or operating toboggans, sleds or similar vehicles, and including anyone accompanying the person. Skier also includes any person in such ski area who is an invitee, whether or not said person pays consideration.
d. “Slopes and trails” means those areas designated as such by the operator.
§ 5:13-3. Responsibility of operator
a. It shall be the responsibility of the operator to the extent practicable, to:
(1) Establish and post a system generally identifying slopes and trails and designating relative degrees of difficulty thereof; and to make generally available to skiers information in the form of trail maps or trail reports.
(2) Make generally available either by oral or written report or otherwise, information concerning the daily conditions of the slopes and trails.
(3) Remove as soon as practicable obvious, man-made hazards.
b. No operator shall be responsible to any skier or other person because of its failure to comply with any provisions of subsection 3.a. if such failure was caused by:
(1) Abrupt changes in weather conditions;
(2) Hazards normally associated with the varying conditions of snow or undercover, including skier use; or
(3) Subject to the provisions of subsection 3.a.(3), the location of man-made facilities and equipment necessary for the ordinary operation of the ski area, such as transportation or grooming vehicles, which are marked by flashing lights or other suitable sight or sound devices towers, fencing of any type, racing poles, or any other object or piece of equipment utilized in connection with the maintenance of trails, buildings or other facilities used in connection with skiing.
c. Grooming shall be at the discretion of the operator.
d. No operator shall be liable to any skier unless said operator has knowledge of the failure to comply with the duty imposed by this section or unless said operator should have reasonably known of such condition and having such knowledge has had a reasonable time in which to correct any condition or comply with any duty set forth in this section.
e. Nothing contained in this act shall be construed as limiting or otherwise affecting the liability and responsibilities of a ski area operator under the “Ski Lift Safety Act” (P.L.1975, c. 226, C. 34:4A-1 et seq.), or shall prevent the maintenance of an action against a ski area operator for negligent construction, maintenance or operation of a passenger tramway.
§ 5:13-4. Duties of skiers
a. Skiers shall conduct themselves within the limits of their individual ability and shall not act in a manner that may contribute to the injury of themselves or any other person.
b. No skier shall:
(1) Board or dismount from a ski lift except at a designated area;
(2) Throw or expel any object from any tramway, ski lift, commercial skimobile, or other similar device while riding on the device;
(3) Act in any manner contrary to posted rules while riding on a rope tow, wire rope tow, j-bar, t-bar, ski lift, or similar device that may interfere with the proper or safe operation of the lift or tow;
(4) Knowingly engage in any act or activity by his skiing or frolicking which injures other skiers while such other skiers are either descending any trail, or standing or congregating in a reasonable manner, and due diligence shall be exercised in order to avoid hitting, colliding with or injuring any other skier or invitee.
(5) Knowingly engage in any type of conduct which may injure any person, or place any object in the uphill ski track which may cause another to fall, while traveling uphill on a ski lift;
(6) Cross the uphill track of a j-bar, t-bar, rope tow, wire rope tow, or other similar device except at designated locations.
c. Every skier shall maintain control of his speed and course at all times, and shall stay clear of any snow grooming equipment, any vehicle, any lift tower, and any other equipment on the mountain.
d. A skier shall be the sole judge of his ability to negotiate any trail, slope, or uphill track and shall not attempt to ski or otherwise traverse any trail, slope or other area which is beyond the skier’s ability to negotiate.
e. No skier shall board a rope tow, wire rope tow, j-bar, t-bar, ski lift, or other similar device unless he has sufficient knowledge and ability to use the lift. If the skier does not have such knowledge or ability, he shall ask for and receive, or follow any posted, written or oral instructions prior to using such device.
f. No person shall ski on other than designated trails or slopes.
g. No person on foot or on any type of sliding device shall knowingly operate said device so as to cause injury to himself or others, whether such injury results from a collision with another person or with an object.
h. A person embarking on a lift or tow without authority, or failing to pay appropriate consideration for its use shall be considered to be a trespasser.
§ 5:13-5. Assumption of risk of skier
A skier is deemed to have knowledge of and to assume the inherent risks of skiing, operating toboggans, sleds or similar vehicles created by weather conditions, conditions of snow, trails, slopes, other skiers, and all other inherent conditions. Each skier is assumed to know the range of his ability, and it shall be the duty of each skier to conduct himself within the limits of such ability, to maintain control of his speed and course at all times while skiing, to heed all posted warnings and to refrain from acting in a manner which may cause or contribute to the injury of himself or others.
§ 5:13-6. Application of law on comparative negligence
The assumption of risk set forth in section 5 shall be a complete bar of suit and shall serve as a complete defense to a suit against an operator by a skier for injuries resulting from the assumed risks, notwithstanding the provisions of P.L.1973, c. 146 (C. 2A:15-5.1 et seq.), relating to comparative negligence, unless an operator has violated his duties or responsibilities under this act, in which case the provisions of P.L.1973, c. 146 shall apply. Failure to adhere to the duties set out in sections 4 and 5 shall bar suit against an operator to compensate for injuries resulting from skiing activities, where such failure is found to be a contributory factor in the resulting injury, unless the operator has violated his duties or responsibilities under the act, in which case the provisions of P.L.1973, c. 146 shall apply.
§ 5:13-7. Report of injury; precondition to suit; limitation on time
As a precondition to bringing any suit in connection with a skiing injury against an operator, a skier shall report in writing to the ski area operator all the details of any accident as soon as possible, but in no event longer than 90 days from the time of the incident giving rise to the suit.
The report shall include at least the following: name, address, brief description of incident, location, alleged cause, others involved and witnesses, if any. If it is not practicable to give the report because of severe physical disability resulting from a skiing accident or incident, the report shall be given as soon as practicable. This section is not applicable with respect to a ski area unless the operator conspicuously posts notice to skiers of the requirements of the section.
A skier who fails to give the report within 90 days from the time of the accident or incident may be permitted to give the report at any time within 1 year after the accident or incident, in the discretion of a judge of the superior court, if the ski area operator is not substantially prejudiced thereby. Application to the court for permission to give a late report shall be made upon motion based upon affidavits showing sufficient reasons for the skier’s failure to give the report within 90 days from the time of the accident or incident.
§ 5:13-8. Limitation of action
Sections 2, 3, 4 and 5, and any other law notwithstanding, an action for injury or death against a ski area operator, ski area or its employees or owner, whether based upon tort or breach of contract or otherwise arising out of skiing, operating toboggans, sleds or similar vehicles shall be commenced no later than 2 years after the occurrence of the incident or earliest of incidents giving rise to the cause of action.
§ 5:13-9. Minors; tolling of limitations
If a skiing accident or incident, or an action based upon a skiing accident or incident, involves a minor, the time limits set forth in sections 7 and 8 shall not begin to run against the minor until he reaches the age of majority.
§ 5:13-10. Provisions of act cumulative with defenses under Tort Claims Act
The provisions of this act are cumulative with the defenses available to a public entity or public employee under the New Jersey Tort Claims Act (P.L.1972, c. 45, C. 59:1-1 et seq.).
§ 5:13-11. Severability
The provisions of this act shall be deemed to be severable, and if any phrase, clause, sentence or provision of this act is declared to be unconstitutional or the applicability thereof to any person is held invalid, the remainder of this act shall not thereby be deemed to be unconstitutional or invalid.
Safety First Mantra Highlighted At Colorado Ski Resorts
Posted: January 13, 2012 Filed under: Ski Area, Skiing / Snow Boarding | Tags: Arapahoe Basin, Aspen Highlands, CSCUSA, National Ski Patrol, Ski, Ski Resort, skiing, Terrain park, United States Forest Service, Winter sport 2 Comments
Safety First Mantra Highlighted At Colorado Ski Resorts
Safety Week Features Knowing the Code Giveaways, Safety Events, and Artistic Showcases
Colorado Ski Country USA (CSCUSA) and its 22 member resorts, in conjunction with the National Ski Areas Association (NSAA), have teamed up to promote National Safety Awareness Week, which begins tomorrow, January 14, and runs through January 21.
With fresh snow on the mountains from the past week, CSCUSA member resorts across the state will host events, clinics and other activities designed to educate and remind skiers and riders of the importance of slope safety. These programs, promotions and prizes motivate safe skiing and riding behavior, and highlight the Skier Responsibility Code and various resort safety measures.
“This week reinforces the value of safety that our member resorts prioritize for our consumers,” said Melanie Mills, CSCUSA president and CEO. “Guest safety is number one at our resorts and this week is an excellent chance to refresh awareness about skiing and snowboarding responsibly, which is the best way for everyone to enjoy a day on the slopes.”
For CSCUSA member resorts, every week is safety week as resorts have safety measures in place permanently during the season. Examples of how resorts raise awareness about safety include providing information about snow safety and avalanches, educating guests about helmet use, posting reminders about proper hydration and sunscreen use, and designating slow skiing zones.
Ultimately, it is the responsible behavior of skiers and riders that make the slopes safe. Knowing the nationally recognized Your Responsibility Code is crucial to skier and rider responsibility. Referred to simply as The Code, it is comprised of seven principles that collectively outline on-mountain skier etiquette and safe skiing practices.
Responsibilities within The Code include:
-
Always stay in control, and be able to stop or avoid other people or objects.
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People ahead of you have the right of way. It is your responsibility to avoid them.
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You must not stop where you obstruct a trail, or are not visible from above.
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Whenever starting downhill or merging into a trail, look uphill and yield to others.
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Always use devices to help prevent runaway equipment.
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Observe all posted signs and warnings. Keep off closed trails and out of closed areas.
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Prior to using any lift, you must have the knowledge and ability to load, ride and unload safely.
Below are details about resort-specific events happening for National Safety Awareness Week:
Arapahoe Basin
Arapahoe Basin is hosting a safety weekend on January 14-15 starting at 10 a.m. The base area will be filled with booths focusing on the terrain park, ski patrol, snowsports, and more. One of the sponsors will also be giving away 100 helmets each day, along with a raffle and cake.
Copper Mountain
Copper Mountain will showcase its year-long safety efforts with Copper Safety Fest on January 14-16 in Copper’s Center Village. Along with kid-friendly signage and messaging throughout the West Village, Copper is showing off artwork created by Frisco Elementary School third-graders that focuses on the Responsibility Code and Terrain Park Safety. Copper has also teamed up with many community safety entities like the National Ski Patrol, Copper Mountain Ski Patrol and Avalanche Dogs, US Forest Service, and more to offer tips and information during its family-friendly Safety Fest.
Safety Fest will also have a Flight-For-Life helicopter fly-over on January 15, as well as Avalanche Dog drills and an open house at Ski Patrol Headquarters. There will be daily prize drawings in Burning Stones Plaza.
Copper Ski Patrol is also inviting guests to join in sweeping the mountain during Safety Fest. Each day at 4:15 p.m., Ski Patrol will sweep the trails to make sure that all guests are safely off the mountain before it closes. Guest can sign-up to follow a patroller as they clear the mountain. Spots are limited, so guests must sign up by 2 p.m. that day. For more information and to sign up, call 970.968.2318 x 66124.
Echo Mountain
Echo Mountain celebrates National Safety Awareness Week with activities on January 14-21. Activities include a kids’ poster contest, an on mountain slope-safety scavenger hunt, a stretching session, Responsibility Code trivia and prizes, a Never Summer demo day, and more. Helmet discounts of up to 10 percent will also be offered to Echo Mountain pass holders at participating stores. For more information, visit http://www.echomt.com/.
Loveland
Loveland is kicking off Safety Week on Saturday, January 14 with a visit from Neptune Mountaineering and Pieps, who will join with the Loveland Ski Patrol to give guests avalanche awareness information and beacon training. The ski area’s terrain park crew will also be giving information on the Smart Style Program. Loveland will also feature a manned booth to give information on the skier responsibility code, the importance of sun safety with help from Rocky Mountain Sun Screen, and hydration issues with support from Vitamin Water.
Steamboat
Safety Week at Steamboat will feature a variety of safety messages and activities listed below:
§ Park Rangers: The designers, testers and maintainers of Steamboat’s Terrain Parks will be in Gondola Square January 14-16 sharing the PARKWISE code.
§ Meet Patrol: The men and women who help keep the mountain safe will be onsite in Gondola Square January 14-16 to provide additional information and answer any questions guests may have about mountain safety.
§ Bear the Safety Dog: Steamboat’s Safety Mascot will be in Gondola Square January 14-16.
§ Snow Safety/Avalanche Awareness: On Saturday and Sunday, January 14 and 15, Steamboat Ski Patrol will host special seminars on snow safety and avalanche awareness. The seminars are free to the public and meet at Patrol Headquarters at the top of Sundown Express Chairlift at 1:00 p.m. both days.
§ Know the Code Contest: Skiers and Riders will randomly be stopped on the slopes by members of Steamboat’s Patrol. If they know at least three of the seven parts to the Responsibility Code they’ll receive a prize. The contest runs January 14-22.
§ Billy Kidd One O’Clock Run: This is a free clinic by Steamboat’s director of skiing, who will be joined by Patrol.
§ Free Mountain Tours: Guests c join Steamboat’s Ambassadors with SlopeWise & Safety Information from Patrol at 10:30 a.m. at the top of Vagabond Trail.
§ Free Racing: Any guests who can tell the attendant one of the seven topics of the Responsibility Code races free at the NASTAR training course.
Sunlight
The Sunlight Ski Patrol and Valley View Hospital are hosting Safety Awareness Day at Sunlight Mountain Resort on January 21. As a part of the event, $2,000 worth of helmets will be given to kids in the valley. Visit http://www.sunlightmtn.com/ for more information on the day’s events.
Winter Park
During Safety Week, employees of Winter Park will be out on the mountain, around the Winter Park Resort base and in The Village at Winter Park, sporadically wearing their “Know the Code” arm bands. Guests that talk about the Code with Winter Park employees will be entered into a drawing for a 2012-13 Winter Park Resort adult season pass. During the weekends, Winter Park Resort will have tents set up at the bases of Winter Park and Mary Jane with NSAA giveaways.
ShmoozaPalooza Job Fair – At Outdoor Retailer trade show, Saturday, January 21, 2012
Posted: January 12, 2012 Filed under: Utah | Tags: Employment, INSIDEOUTDOOR Magazine, Job Fair, Job Search, Outdoor recreation, Salt Lake City, Trade fair, Tradeshow, Utah Leave a comment |
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Skier/Boarder Fatalities 2011-2012 Ski Season
Posted: January 11, 2012 Filed under: Ski Area, Skiing / Snow Boarding | Tags: Fatalities, Ski Resort, skiing, Sports, Terrain park, United States, winter sports Leave a commentThis list is not guaranteed to be accurate. The information is found from web searches and news dispatches. If you have a source for information on any fatality please leave a comment.
If this information is incorrect or incomplete please let me know. Thanks.
|
# |
Date |
Resort |
Run |
Run Difficulty |
Age |
Skier Ability |
Ski/ Tele /Boarder |
Cause of Death |
Helmet |
Reference |
|
1 |
11/18 |
Vail |
Gitalong Road |
Beginner |
62 |
Skier |
Yes |
|||
|
2 |
11/18 |
Breckenridge |
Northstar |
Intermediate |
19 |
Expert |
Boarder |
suffered massive internal injuries |
Yes |
|
|
3 |
11/27 |
Mountain High ski resort |
Chisolm trail |
Beginner |
23 |
Beginner |
Boarder |
internal injuries |
Yes |
|
|
4 |
12/18 |
Sugar Bowl |
Chair Lift |
|
7 |
Expert |
Skier |
fell off chair lift |
|
|
| 5 | 1/4 | Ski Ward | Chair Lift | 19 | Expert | Skier | fell of chair lift | http://rec-law.us/y3sOtx |
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25 Great Years Thanks To You!
Posted: January 10, 2012 Filed under: Mountaineering | Tags: Climbing, Dick Bass, Everest, Guided Climbing, Guides, IMG, IMG (company), International Mountain Guides, Mount Everest, Mount Rainier, Recreation, Seven Summit Leave a commentInternational Mountain Guides is 25 Years Old. Congratulations
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Jurisdiction in Massachusetts allows a plaintiff to bring in Salomon France to the local court.
Posted: January 9, 2012 Filed under: Jurisdiction and Venue (Forum Selection), Massachusetts, Skiing / Snow Boarding | Tags: Due Process, Lawsuit, Litigation, Long-Arm Jurisdiction, Massachusetts, Motion (legal), Plaintiff, Product liability, Salomon North America, Ski binding, Summary judgment Leave a commentLafond v. Salomon North America Inc. et al, Superior Court County of Suffolk, Commonwealth of Massachusetts.
Although not a Precedent setting decision, it is indicative of where the courts are going.
This is a decision in the trial court of Massachusetts over ski bindings. The bindings broke injuring the plaintiff while he was skiing in Utah. He sued Salomon in the US and Salomon SAS, the French parent company based on Annecy France. The retailer, Bob Smith’s Wilderness House was brought in as a third party defendant.
The defendants filed a Motion to Dismiss, or what is referred to as a Rule 12(b)(2) motion. A Motion to Dismiss is granted only if the pleadings of the plaintiff do not state a legal claim or the defendant can’t be sued in this case. No evidence is reviewed by the court; it is purely a simple legal argument based on the laws of procedure.
Salomon SAS argued that it had no business in France, did no business in any country other than with Salomon North America based in Ogden Utah. Therefore, because it did no business in Massachusetts, it should not be brought into the litigation in Massachusetts.
So?
Image via Wikipedia
The plaintiff claimed it went to the Salomon SAS website to research different bindings. The Salomon SAS website directed the plaintiff to the third party defendant Bob Smith’s Wilderness House as a retailer the plaintiff could from whom he could purchase the bindings.
The broken bindings were replaced by Salomon, although it is not known in the motion if it was Salmon SAS or Salomon North America.
The issue is whether court has the legal right to require a defendant to submit to its jurisdiction. The limits or requirements the court must follow are set usually set out in a long-arm statute. That is the name given to the statute that controls whether the long arm of the law can extend outside of the state.
To exercise out of state jurisdiction over a defendant located in another state or country the defendant must have engaged in “purposeful and successful solicitation of business from Massachusetts residents.”
A website alone is not enough to bring a foreign or out of court defendant into the jurisdiction of a Massachusetts court. However, because the plaintiff identified the store where he purchased the bindings based on his actions on the Salomon SAS website that was enough to subject the foreign defendant to the jurisdiction of the Massachusetts court.
There are numerous other tests the court must review to subject a foreign business the jurisdiction of the court. However, this one act of directing the plaintiff to a local retailer was enough to subject the defendant to the jurisdiction of the Massachusetts court.
So Now What?
This is a crap decision. When a website brings you into court, a website alone, the purpose of long arm statutes has faded considerably.
However, this is just the first step in a long line of steps before the case is decided. Rarely is a Rule 12(b)(2) motion granted. Motions for Summary Judgment, other defense motions and a trial are all next, then appeals. Hopefully, an appellate court will look at this say the original decision must be overturned.
What can you do? In this case, maybe not a lot can be done, but there are something’s that might assist in some circumstances.
In every sale or contract, put into the agreement a jurisdiction and indemnification clause. You can use them in retail sales agreements with consumers, to some extent.
You also might consider an indemnification agreement between your US based distributor and yourself if you are a foreign, non US based, manufacture. The agreement would say that you would be 100% indemnified for any US based lawsuits, other than product recalls. This might encourage US plaintiff’s not to drag you into a US court.
Make sure your agreement with your US based distributor is not a big target for lawsuits. Identify when the inventory transfers to the US subsidiary and when payment is owed for the inventory.
Set up a defense program with your US Distributor, Reps and all retailers. The program should incorporate the use of a release. The program should make sure three things happen to help eliminate several of the issues in this case.
1. It requires the use of a release by all parties at all times. You can even put one on your website. Releases are not 100% effective in product liability cases, but their jurisdiction and venue clauses may at least get the suit back to your home state.
2. The agreement identifies who shall be protected who and for what reasons. The manufacture of a product in a product liability claim is going to be holding the bag in most cases so this is not a big deal. More importantly it keeps the retailer in your camp in litigation and prevents the embarrassment of brining in the retailer as a third party defendant, making them mad and making you look bad, that occurred in this case.
3. It requires the retailer to notify you immediately of any problems so you can get ahead of the curve.
4. It puts you in control of your litigation destiny and makes you look like the good guy when you are sued to all distributors and retailers in the industry.
For more cases on Jurisdiction and Venue see:
The legal relationship created between manufactures and US consumers
Four releases signed and all of them thrown out because they lacked one simple sentence!
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Vail installing new Gondolas for the 50th Anniversary with WiFi
Posted: January 7, 2012 Filed under: Ski Area | Tags: Adventure travel, Chair Lift, Gondola, ski area, Ski Resort, Vail Leave a commentLoading other lifts with backpack and laptop should get exciting…..
Vail has announced it will be replacing the Vista Bahn Express Lift (#16) in Vail Village with a new gondola. Lift capacity will be increased by 40%.
The new gondola still needs approval from the Town of Vail and from the USFS, however I don’t expect that to be a problem.
Wow.
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Rocky Mountain Bird Observatory seeks citizen science & education volunteers
Posted: January 6, 2012 Filed under: Uncategorized | Tags: Bald Eagle, Barr Lake State Park, Bird, Colorado, Dinosaur Ridge, Fort Collins Colorado, Volunteer Leave a commentRocky Mountain Bird Observatory is recruiting volunteers in Colorado to count birds, collect migration and nesting data, run education programs and more. Citizen scientists are needed for the following four programs:
ColonyWatch: Monitor colonial waterbirds to gather information about colony size and locations to help resource managers with long-term conservation. Volunteers are needed March through August at various locations across Colorado. Requires the ability to recognize the 15 species RMBO monitors and to follow a simple monitoring pro¬tocol. The necessary skills are easy to acquire; technical support is always available from the project coordinator. Contact: Jason Beason, RMBO Special Monitoring Projects Coordinator, 970-310-5117 or jason.beason@rmbo.org.
Image via Wikipedia
HawkWatch: Collect information about raptor migration, which is stored in an online database and contributes to the understanding of raptor movements across North America. Training is the week of February 20, and official counts start March 1 and end May 7 at Dinosaur Ridge in the Dakota Hogback Natural Area, Morrison, Colo. Experienced volun¬teers are paired with those wanting to learn identification and data collection skills. Contact: Jeff Birek, HawkWatch Coordinator, 970-482-1707 ext. 25 or jeff.bi¬rek@rmbo.org (preferably before February 20).
t Collins, Colo. Volunteers must attend orientation on January 21 at RMBO’s Old Stone House at Barr Lake State Park in Brighton. Volunteers monitor designated nests weekly for a minimum of one hour, fill out data sheets and enter data into an online reporting system. They must have transportation to nest sites and a spotting scope or binoculars, and enjoy monitoring either alone or with another person. Contact: Kacie Ehrenberger, 303-659-4348 ext. 16 or kacie.ehrenberger@rmbo.org (preferably by January 11).
Volunteer Naturalists: Teach citizens of all ages the importance of bird and habitat conservation through in-class programs, field trips and educational outreach events in the Denver Metro area. Volunteers are given 40 hours of training in March (basic ecology, ornithology, teaching techniques, public speaking) and provide at least 40 hours of service in a year following training. Passion about education and the out¬doors, but no experience in environmental education or ornithol¬ogy, is necessary. Contact: Kacie Ehrenberger, Director of Outreach and Education, 303-659-4348 ext. 16 or kacie.ehrenberger@rmbo.org
Rocky Mountain Bird Observatory is a Colorado-based nonprofit that works to conserve birds and their habitats from Montana into Mexico through science, education and stewardship.
Rocky Mountain Bird Observatory
Conserving birds and their habitats
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Tell Maui and HI that you’re not coming until they prove the place is safe.
Posted: January 5, 2012 Filed under: Criminal Liability, Cycling, Hawaii | Tags: assault, Bike Hugger, Cycling, Hawaii, Maui Leave a commentCyclists assaulted by driver and cops do nothing in Maui.
A friend of mine was almost killed by a truck while riding his bike in Maui. To read his article see Maui Road Rage: A Local Tried to Kill Us. It is amazing that he did not suffer greater injuries or be killed.
Simply put while riding his bike a truck driver cuts him off knocking him to the ground with his truck door. While on the ground the truck driver gets out of this truck and starts to threaten the cyclists. DL, the cyclists responded with a well place kick to the thinking part of the truck driver.
What is a greater in amazement is the fact that locals stopped to help him after the truck driver tried to kill him and got the driver’s license number and the police of Maui did nothing.
DL’s injuries were a skinned knee. He got lucky. However, we have to put a stop to this. This is assault, plain and simple. The act was a felonious assault because of the deadly weapon, the truck.
Do Something
Contact the Maui Tourists bureau and let them know about the article. Email address is: info@hvcb.org. Website contact address.
Have you read this article Maui Road Rage: A Local Tried to Kill Us? Is it a common practice for the Maui police to ignore assaults on tourists by locals? The police had everything they needed to prosecute the idiot: Witness statements and the vehicle license plate number and they did nothing.
Why would I come to Maui when it is a dangerous place?
Contact the Maui Tourists bureau and tell them you are not coming to Maui until it is a safe place to ride.
Contact the Hawaiian tourist bureau and tell them you want a response and want to know if Hawaii is a safe place to ride a bike. Email address is: info@hvcb.org
Have you read this article Maui Road Rage: A Local Tried to Kill Us? Is it a common practice for the Maui or other Hawaiian police to ignore assaults on tourists by locals? The police had everything they needed to prosecute the idiot. Witness statements and the vehicle license plate number and they did nothing.
Why would I come to Hawaii when it is a dangerous place?
Contact the Maui police department and tell them their actions were disgusting, and you are not coming to Maui until they have gotten rid of the corruption in their department. The Police Chief’s contact information is: Gary Yabuta crs@mpd.net
Contact the Maui prosecutor’s office and ask them if they are going to allow assaults like this to go unprosecuted. John D. Kim, Prosecuting Attorney, Prosecuting.Attorney@co.maui.hi.us
Repost D.L. article on Twitter, Facebook and your own blog. Let the world know that cyclists are not going to stand up for this and tourism includes cyclists.
To read more about how to protect yourself and push prosecution in these case read How do you prove to a cop that you were not at fault in an accident with a car when you were on a bike?
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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New Holiday in Colorado and I am taking it off!!
Posted: January 3, 2012 Filed under: Colorado, Cycling | Tags: Breckenridge Colorado, Colorado, Crested Butte, Denver, Facebook, Govenor, Hickenlooper, Holiday, John Hickenlooper, Twitter, United States Leave a comment
Image via Wikipedia
Governor Hickenlooper make the third week of August 2012 Colorado Cycling Holiday!
Way to Go Governor!!
Colorado Cycling holiday will coincide with the USA Pro Cycling Challenge.
The Governor stated the USA Pro Challenge “was an event that shined an international spotlight on Colorado. Any expectations we had for success were surpassed ten-fold. We want race week each August to be known as Colorado Cycling Holiday to attract visitors from all over the world and to celebrate Colorado, good health and cycling.”
The race had more than 1 million fans and producing $83.5 million of economic activity in the inaugural year for Colorado.
The host cities for the 2012 USA Pro Challenge include:
· Monday, Aug. 20: Stage 1, Durango – Telluride
· Tuesday, Aug. 21: Stage 2, Montrose – Crested Butte/Mt. Crested Butte
· Wednesday, Aug. 22: Stage 3, Gunnison – Aspen
· Thursday, Aug. 23: Stage 4, Aspen – Beaver Creek/Vail Valley
· Friday, Aug. 24: Stage 5, Breckenridge – Colorado Springs
· Saturday, Aug. 25: Stage 6, Golden – Boulder
· Sunday, Aug. 26: Stage 7/ITT, Denver
I can’t wait to start the celebration!
What do you think? Leave a comment.
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Ski.com Photo Contest
Posted: December 30, 2011 Filed under: Uncategorized Leave a commentFrom: SKIING Magazine [mailto:magazine@email.skiingmag.com]
Sent: Thursday, December 29, 2011 5:01 PM
To: ski.law@gmail.com
Subject: Ski.com Photo Contest
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Simply submit your best on-snow photo and then get your friends to vote starting January 18. Ski.com and the editors of SKI and Skiing magazines will choose a winner from the top 20 vote getters. |  |
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The winner will enjoy a 5-day getaway in Whistler, B.C. along with: |  |
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| 4-nights lodging at the Coast Blackcomb Suites |
3-day lift ticket and rentals from Whistler Blackcomb | ||
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| Vancouver Airport transfers | $100 gift certificate to the Brewhouse | ||
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| Pair of Rossignol’s Experience skis |
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Publication of Environmental Assessments for High Flow Experiment Protocol and Non-native Fish Control
Posted: December 30, 2011 Filed under: Uncategorized 1 CommentThe Department of the Interior, acting through the Bureau of Reclamation, is proposing to develop and implement a protocol for high-flow experimental releases from Glen Canyon Dam to better determine whether and how sand conservation can be improved in the Colorado River corridor downstream from Glen Canyon Dam, and is also proposing to conduct research, monitoring and specific actions to control non-native fish in the Colorado River downstream from Glen Canyon Dam in an effort to help conserve endangered fish.
Two environmental assessments (EA) have been prepared to analyze and disclose the environmental effects of the proposed actions. The EAs are available on our website at the links below. Printed copies of the EAs are also available at the Bureau of Reclamation, Upper Colorado Regional Office, 125 South State Street, Room 7218, Salt Lake City, Utah 84138.
We have also included several related documents, including: the Biological Opinion recently received from the U.S. Fish and Wildlife Service, which covers both proposed actions; Science Plans for both actions prepared by the U.S. Geological Survey; and our determinations of eligibility and adverse effect for National Historic Preservation Act 106 compliance for both actions. All of these documents are provided at the link below.
http://www.usbr.gov/uc/rm/amp/amwg/mtgs/12feb22/index.html
Thanks.
Beverley C. Heffernan
Manager, Environmental Resources Division
Upper Colorado Region, UC-700
Bureau of Reclamation
bheffernan
(801) 524-3712
The Long Term Experimental and Management Plan for the Grand Canyon scoping deadline has been extended
Posted: December 30, 2011 Filed under: Whitewater Rafting Leave a comment
Image via Wikipedia
If you have been down the Grand Canyon, peered over the side of those beautiful walls or dreamed of doing it some day, now is the time to act.
January 31, 2012 is the New Scoping Deadline!
The scoping deadline for the Long Term Experimental and Management Plan (LTEMP) has been extended from December 30, 2011 to January 31, 2012, giving you time to emerge after the holidays, get focused, and submit your own comments! This is THE important plan, folks – one that will determine the flows you boat on and the state of the resource for the next 15 years or so.
Consequently this EIS is on par in importance with the initial Glen Canyon Dam EIS in the early 1990s. The current scoping effort is an outstanding opportunity for the public to inform the NPS and the Bureau of Reclamation (co-lead agencies) on the development of the LTEMP draft EIS – the scope, what should be considered, what the important issues are, and possible alternatives.
The official website for the LTEMP can be found at: http://ltempeis.anl.gov/ .
Thanks to the Grand Canyon River Guides Association for their help and information. If you are not a member, you should be! Go here to become a member of the GCRGA!
What do you think? Leave a comment.
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The Raptor Resolution Run
Posted: December 30, 2011 Filed under: Racing Leave a commentby Jay Zarr & Ron Dehn
Runners – New Year’s Eve is just around the corner and here are some suggestions on how to begin your New Year’s celebration. Consider combining a traditional idea with some very unique circumstances. How about this:
1. Show up at the Yurt at the Nature & Raptor Center of Pueblo at 9:15 am with your running or walking shoes and be ready to do your last workout of 2011.
2. Commit one or more 2012 resolutions to paper.
3. Run or walk a beautiful out and back course near the Arkansas River.
4. Join your friends inside the yurt for hot cocoa or hot cider along with a few sweet carbs
5. Hope you are one of the winners because you have never seen prizes like these at a race.
Interested yet?
Here’s a few of the details. The inaugural Raptor Resolution Run (R3 for short) will be held at the Nature & Raptor Center of Pueblo at 10 am on December 31st. The Run will be 5 miles on a relatively flat and beautiful course paralleling the Arkansas River. The Walk will be a 2012 yard (1.143 mile) walk in the same area.
We all want to improve some aspect of our lives, right? You will have the opportunity to write down some resolutions for 2012 and place them in a self-addressed envelope and about six months later, your resolutions will show up in your mailbox so you can see how well you are doing.
Warm refreshments will be served in the yurt after the race in case December 31st just happens to be a cool day. By the way – the yurt is heated.
And… you have never seen prizes like these. The first overall male and female finishers will be awarded with a raptor release. A what you ask? Yes – these two lucky individuals will make arrangements with the Nature Center staff to host a raptor release or a raptor presentation at the location of their choice at some future date. (Limited to Southern Colorado & other restrictions based upon type of raptor.) How cool would that be for your kid’s birthday party, classroom event, or your own family get together?
Those speedy individuals who take first place within their age / gender divisions will win a free Nature & Raptor Family annual membership. Second and third place winners will be awarded Nature Center pins.
As a bonus, an R3 runner’s or walker’s bib will give you and your family (up to 5 individuals) a 10% discount on meals purchased immediately after the awards ceremony at the Coyote Grille; so have a great lunch in a great setting at a great price. The Arkansas River Coffee company which is located on the grounds of the “Center” will award all participants a 2 for 1 coupon as well. The award ceremony will be at 11:15 and there will be some additional Yurt prizes drawn from bib numbers. All runners who meet the early registration deadline will be guaranteed t-shirts, refreshments, and we will do our best to guarantee a good time.
What a way to run or walk into a GREAT New Year! 2012, here we come!
The Facilitator’s UnConference
Posted: December 28, 2011 Filed under: Challenge or Ropes Course | Tags: Facilitator, Leahy, NCCPS, Unconference Leave a comment
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Pre-Season Ski & Snowboard Checklist
Posted: December 27, 2011 Filed under: Skiing / Snow Boarding | Tags: base, edges, Pre-season, ski season, tune up, tuning, winter sports 1 Comment|
Pre-Season Checklist: Gloves/Mittens – Jackets/Pants – Travel/Pass/Lesson Discounts – Helmet – Goggles – Think Snow!
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