Vail is leading the way for skiers & boarders to use their phones on the slope

Posted: September 20, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

New Epic App allows you to add photos to your ski information.

Vail Resorts’ EpicMix tracks your vertical feet skied as well as the number of days you ski. This is all done through your Vail season pass, not your phone. The app is used to upload photos and track your stats.
You can also track your skiing with a new reusable lift ticket. Vail resorts are eliminating paper lift tickets. Instead, you purchase a reusable card that you can add ski days. The card will also track through the Epic system if you sign up.

The system uses scanners at the entrance or base of the lifts.

For the paranoid about you, you don’t have to sign up for the EpicMix. However, I suspect that if necessary Vail can still track you. Most resorts track lift tickets as much as they can. I’ve never seen the information used to do anything other than search for lost people or find someone. So although this is a little higher tech, it is not doing anything that is not already being done.

What do you think? Leave a comment.

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Shawn White, Olympic Snowboarding Gold Medalists now promoting Vail Resorts

Posted: September 6, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

The Flying Tomato will promote all Vail Resorts

Vail, Beaver Creek, Breckenridge and Keystone in Colorado and Heavenly and Northstar in California/Nevada will be promoted. Northstar at Lake Tahoe will become his home mountain and primary training resort. At Northstar, White will design a 22’ half pipe.

White will design a special Epic Season Pass to be promoted on Facebook this fall.

This should put Vail resorts in the “big seat” for terrain parks.

See Vail Resorts Taps Shaun White as Spokesman

What do you think? Leave a comment.

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OSHA issues $12,000 in fines for Ski Patrollers death to ski area.

Posted: May 25, 2011 | Author: Recreation Law | Filed under: Avalanche, Ski Area | Leave a comment

While there they, they tack on another $5000 for a hand rail violation..

OSHA issued fines for $12,000 to Wolf Creek Ski Area over the death of one of their patrollers last fall. See Ski Patroller dies in Avalanche at Wolf Creek. If you have a major injury on the job or a death of an employee OSHA will show up and OSHA will fine you. Not help you, not understand what is going on if you are in the recreation business, just fine you.

In this case, they showed up to investigate the death of a ski patroller who died in an avalanche and issued another $5000 fine for a hand rail violation.

The first citation is for allowing an employee to do hazardous work, explosive work, alone. This is a serious violation and carries a $7000.00 fine.

The second citation is the railing citation which is a $5000 and another serious violation.
The third violation is also a serious violation which is allowing the explosives work to be done without a helmet. This also carries a $5000 fine.

I’m not sure what good a helmet is going to do in an Avalanche. I know it won’t do any good if there is an explosion. I’ve read almost 100 avalanche reports and investigations and never saw anything indicating a head injury was a major or contributing factor to the fatality or injury. Sure a helmet might protect you from minor injuries as you are tumbling, but it probably is not going to make a difference in whether you live or die.

If you wish to review the actual citation documents they can be found here.

My Response,

There are some rules that should not be broken no matter who you are or how much education or training you have. More importantly, no matter how short staffed or how much money you might be trying to save. Don’t do explosives work alone.

However, if you read the actual citation you will wonder how wearing helmets would have done anything. Here are the facts as OSHA found them in the OSHA citations.

I have no idea what the exact cause of death is, however, OSHA would have put that in the report if it concerned a head injury.

At this point in time, between Jackson Hole’s fight (see 20 Year Veteran of Ski Patrol Dies performing avalanche control work) and this one. I would have to advise ski patrollers doing avalanche work to be issued helmets.

OSHA does not say what type of helmet so any ski helmet (Tupperware?) should work. It is stupid, but it will be cheaper until someone really wants to fight OSHA.

However, OSHA is correct, a helmet will stop head injuries, and injuries are as important to OSHA as stopping fatalities. Not a lot, not many, if any but a few.

What do you think? Leave a comment.

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I once thought you had to take an IQ test to run to be a state legislator. You could run only if you flunk the test.

Posted: May 3, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

Or probably, If I make enough noise, no matter how wrong, I can get re-elected.

A Senator in California is pushing a bill to require helmets on kids at ski areas. His statements to the press, if quoted correctly are made to flame the emotions of people and not based on either research or intelligence.

SB 105 will significantly reduce instances of traumatic brain injury or death for such a vulnerable population

Despite repeated warnings from public health experts, professional athletes, and ski resorts, each winter brings news of hundreds of unnecessary tragedies for the failure to wear a helmet

Right, ski resorts are saying that helmets will protect kids.

However this statement by the author of the article is just plain dumb.

According to the National Ski Areas Association, 19 of 38 people who died on ski slopes in the 2009-2010 season were not wearing helmets at the time of the injury

Correct, that also means that 19 of the 38 people who died last season on ski slopes where wearing helmets. Your chances of dying wearing a helmet are exactly the same as not wearing a helmet.

“How can California not set minimum standards for children’s ski safety when the data is so conclusive that helmets save lives and reduce severity of head injuries,” said Yee

What data is he looking at? His own quote in the article proves his statement is wrong.

However I doubt that this Senator really cares about kids, he just cares about getting re-elected and he can parade this around as something he did to protect kids. Protect them from skiing, not from injuries.

I tried contacting Senator Yee to show him some research but he only accepts email from people in his district. I mean why listen to reason when you can hide behind ignorance.

See Ski Helmet Law Approved By Senate

Do Something

Wear a helmet; it might help prevent head injuries. It won’t keep you alive. More importantly, next time you walk into a ballot box or deal with a politician, try and get the truth, not just platitudes.

For other articles on the issue see:

More information over the debate about ski helmets: Ski Helmets ineffective crashes were the wear is going faster than 12 miles per hour
Skiing/Boarding Helmets and what is the correct message
California bill to require helmets on skiers and boarders under age 18 dies lacking governor’s signature.

What do you think? Leave a comment.

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2010-11 Ski Season Ski Area Fatalities

Posted: April 27, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

This 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.

Yellow Highlighted Fatality was an employee at work

If this information is incorrect or incomplete please let me know. Thanks.

#	Date	Resort	State	Age	Skier Ability	Ski/ Tele /Boarder	Cause of Death	Helmet
1	11/22	Wolf Creek Ski Area	CO	41	Expert	Skier		No
2	12/2	Snowmass	CO	22		Skier		Yes
3	12/12	Cannon Mountain	NH	18		Skier		No
4	12/18	Wolf Creek Ski Area	CO	35	Expert	Boarder	hyperextended his neck backward, rupturing an artery
5	12/19	Cannon Mountain ski resort	NH	31		Boarder
6	12/21	Beaver Creek Ski Area	CO	59		Skier	blunt force trauma	Yes
7	12/24	Hogadon Ski Area	WY	5		Skier	massive chest injuries	Yes
8	12/24	Hogadon Ski Area	WY	22		Boarder	massive chest injuries	No
9	12/26	Aspen Mountain	CO	77	Expert	Skier	suffering a broken
10	12/27	Mountain High ski resort	CA	24	Beginner	Boarder		No
11	12/28	Discovery Ski Area	MT	21	Expert	Skier	blunt force trauma injuries	Yes
12	12/29	China Peak Ski Area	CA	29		Boarder	asphyxiation
13	12/29	Whitefish Mountain Resort	MT	16		Skier	Taken off life support 1/2/11
14	1/2	Keystone Ski Resort	CO	38		Boarder	blunt force trauma	Yes
15	1/9	Whitefish Mountain Resort	MT	29		Boarder		Yes
16	1/9	Snowbowl	AZ	22		Boarder
17	1/11	Heavenly Mountain Resort		57			blunt force trauma to the left side of her chest
18	1/12	Jackson Hole Mountain Resort	WY	18		Skier	Instantly upon hitting tree
19	1/15	Sugarloaf	ME	16		Skier		Yes
20	1/16	Windham Mountain	NY	18	Beginner	Skier	Extensive Head Injuries	No
21	1/19	Mt. Rose Resort	NV	15		Boarder	Head injuries	No
22	1/22	Granlibakken Resort	CA	22		Boarder	blunt force trauma
23	1/26	Keystone Resort	CO	22			severe blunt force trauma	No
24	1/27	Anthony Lakes Ski Area	OR	24			collided with a tree and suffered head and neck injuries
25	1/28	Crystal Mountain	WA	67			severed his spinal cord
26	1/30	Mount Hood Meadows Ski Resort	OR	41		Skier		No
27	2/4	Hunt Hollow	NY	54				Yes
28	2/4	Hunt Hollow Ski Club	NY	54		Skier		Yes
29	2/6	Eldora Mountain Resort	CO	35	Expert	Boarder
30	2/9	Sun Valley Resort	ID	49		Skier	trauma to his head and chest	No
31	2/11	Windham Mountain Ski Resort	NY	69	Novice	Skier	extensive head injuries	No
32	2/11	Cooper Mountain Ski Area	CO	21			fractured skull, a fractured right knee, a broken leg, a broken wrist, many facial fractures and lacerations to his liver and kidney
33	2/12	Snowshoe Mountain Resort	WV	22
34	2/16	Sun Valley Resort	ID
35	2/17	The Yellowstone Club	MT	45
36	2/18	Spirit Mountain	WI	12		Skier
37	2/20	Mount Shasta	CA	23
38	2/23	Arapahoe Basin	CO	32		Skier	blunt force trauma to the chest	No
39	2/27	Northstar-at-Tahoe	CA	30		Boarder	impact of hitting a tree or suffocation from landing headfirst in the snow bank	No
40	2/28	California’s Kirkwood Ski area	CA	25		Skier	internal bleeding
41	3/11	Snowmass Mtn	CO	73		Skier	multiple systems trauma
42	3/14	Beaver Creek Ski Area	CO	18	Expert	Skier	died from head trauma	Yes
43	3/16	Welch Village Ski Area	MN	65		Skier
44	3/16	Alyeska Resort	AK	53		Skier
45	3/17	Howelsen Hill Ski Area	CO	19		Skier
46	3/4	Blue Mountain Ski Resort	PA	73		Skier	head injury	Yes
47	3/22	Eldora Mountain Resort	CO	21		Skier		No
48	3/26	West Mountain Ski Resort	NY	17		Skier	head injuries and went into cardiac arrest	No
49	3/25	Winter Park Resort	CO	39		Skier	Hit a tree	Yes
50	4/8	Winter Park Resort	CO	11		Skier	Collision with 2 other skiers	Yes

First Update: Ski Area Fatalities -2010-11 Ski Season
Second Update: Ski Area Fatalities -2010-11 Ski Season to date: 1/5/1
Third Update: Ski Area Fatalities -11 Ski Season to date: 1/14/11
Fourth Update: Ski Area Fatalities 2010 -11 Ski Season to date: 3/2/11
Fifth Update: Ski Area Fatalities -2010-11 Ski Season to date: 3/26/11

What do you think? Leave a comment.

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NSAA and standards

Posted: April 26, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

National Ski Area Association has this posted on their website.

The outdoor industry keeps striding head long into a tunnel that will lead to litigation over the standards they are writing. Yet other industries who have been sued a lot more are fighting to stay away.

This is part of a letter to members by the National Ski Area Association. Ski areas have been sued a lot and know the real case about standards.

IT IS CRITICAL TO STRESS THAT THESE ARE NOT INTENDED TO SERVE AS STANDARDS IN ANY WAY FOR SKI RESORTS – THESE ARE SUGGESTIVE TEMPLATES FOR RESORTS TO REVIEW, ANALYZE, AND MAKE INDIVIDUAL DETERMINATIONS AS TO HAZARDS, ABATEMENT ACTIONS, AND SAFETY EQUIPMENT UNIQUE TO YOUR RESORT.

This is the exact quote in the letter.

So?

If the NSAA does not write standards for its members because of the litigation nightmare it creates why does the outdoor industry.

What do you think? Leave a comment.

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Local arrested for not leaving ski area when asked.

Posted: April 20, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

This is being reported as a skiing uphill issue. It’s probably not now.

Jackson Hole local Roland Fleck was arrested February 5, 2011. He had skied uphill and was told not to by the ski patrol. After a 3.5 hour confrontation with the ski patrol and local deputies, he was arrested. During those 3.5 hours, he was even offered a free lift ticket.

This is not a case of the ski patrol stopping someone from skiing uphill. Although I have no problem with a ski area stopping uphill skiers or downhill skiers, for that matter, this case does not seem to end with that issue.. This is a case where someone decides to pick a fight. I’ve never known law enforcement or anyone to spend 3.5 hours talking to someone before arresting them. 3.5 minutes would be a world record before you are on the ground and cuffed.

The ski area has the right to control who has access to the land. The land owner is the US Forest Service which manages the land for the US. (The land is not owned by the people of the US.) The land has been “leased” to the ski area for the purpose of a ski area. The Ski area pays the US Forest Service for the right to run the ski area. The ski area has control over that land subject to the US Forest Service agreement.

Compare it to a landlord tenant situation. The landlord owns the building. The tenant pays the landlord for the right, as set out in the lease, to the building. Under the lease, the tenant has 100% control over the building and can allow someone in or throw them out at the tenant’s will. This may even allow them to allow or deny access to the landowner. It is dependent upon the lease. It does not matter who owns the land when it is leased.

Either the ski area has the right to do what it wants, as allowed in the lease or not. We may be the eventual owners of the land, but we have given up that right to access the land because it is managed for us by the Federal Government through the USFS which leased the land to Jackson Hole Mountain Resort.

Look at it this way. If the defendant was hurt on the land while using the resort who would he sue? Us? no. The US Forest Service? No. He would sue the ski area. Because of that, the ski area should have the right to protect itself and protect the people it has charged to access the land.

See 7 patrollers, 2 deputies spend 3 hours trying to stop, cuff and toboggan Fleck off mountain.

What do you think? Leave a comment.

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Numerous Lift Maintenance Seminars this Spring for the Ski Industry

Posted: April 15, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

I’ll be speaking at one of them, the Rocky Mountain Lift Association Meeting May 9-12.

Ski Area Management (SAM) magazine is reporting numerous lift maintenance seminars for this spring.
I can never tell you enough how important it is for the industry and maybe your career to attend seminars like this. Besides being kept up to date on what is going on in the industry and learning new ways to work, you may find your next Job.

SAM is reporting the seminars as:

34th Lift Maintenance Seminar (LMS)	Apr. 19-21	http://www.masslms.com
PNSAA Mountain Operations Conference	Apr. 26-28	http://www.nsaa.org
RMLA Spring Conference	May 9-12	http://www.nsaa.org
CSIA/Sierra College	June 7-11	http://www.csia.biz
Hall maintenance workshops by Doppelmayr
Greek Peak, N.Y.	May 25-26	http://www.doppelmayrusa.com
Afton Alps, WI.	June 21-22	http://www.doppelmayrusa.com

See: Lift Maintenance Seminars Are On Growth Path

Do Something

If you are in the ski industry and want to say in the ski industry and/or move up in the ski industry get yourself to one of these conferences to stay on top of your industry.

What do you think? Leave a comment.

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There are several things that do not add up in this lawsuit

Posted: April 7, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

$2 Million for a teenager who died because she was pushed to ski a harder slope?

A family is suing Blue Mountain Ski Area for $2 million dollars for the death of their 17 year old daughter. The lawsuit claims the teenager was forced to ski on a hill she felt she was not ready for. The claim also states the student was given less than an hour’s ski lessons.

The suit is against the ski area, the school, the teachers and the ski instructors. Allegedly, the schools phys ed teacher encouraged her to ski a tougher hill.

The article says:

Reurink, who was wearing a helmet, lost control on the slope and hit a tree at the bottom, dying instantly, the statement of claim alleged.

“She hit with such force her aorta and brain stem were severed….

Most groups from a school go package deals where everything is negotiable. The rental equipment, the lift tickets, meals and how long the ski lesson is are part of the package and all subject to dozens of different options.

The articles states:

However, O’Neill said Reurink’s sticker allowed her to ski only green and blue runs — not the black or double black diamond runs. Ski runs are marked green for easy, blue for intermediate and black for most difficult or advanced. Double black diamond runs are for experts only.

Some ski areas sell lift tickets that only allow access to certain lifts. That is not done to restrict the person from skiing other areas that is done to save money. You pay less money to ski less of the mountain…..or hill in this case. I’ve been to Blue Mountain a great resort with one of the best management teams I’ve ever dealt with, but it is only a hill.

So if the deceased student was on a black diamond run, she had snuck over to the run because she was on a restricted lift ticket.

First how are students going to do anything, unless they are encouraged or even shoved a little to get them moving and learning.

Second $2 million dollars?

It is terrible for the family of the student and the resort to deal with this tragedy. However, this lawsuit does not make a lot of sense except for this one line in the article. “…that the teenager’s parents and sisters launched the $2-million lawsuit to get answers about why she died.”

See Family seeks $2M for teen’s ski death at Blue Mountain.

What do you think? Leave a comment.

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Ski Area Fatalities -2010-11 Ski Season to date: 3/26/11

Posted: March 30, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

This 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.

Interesting Facts:

Three tree well deaths, the same as last year (2009-10) and one more than 2008-09 season
The last 45 days have all been skier deaths
You can do your own helmet analysis, however, it still appears that helmets do not help with regard to fatalities.
Most causes of death are speculation. Very few reports can be found with autopsy reports.

I can not see anything that would indicate how or why people are dying, other than hitting stationary objects (trees).

Please be safe out there!

Yellow Highlighted Fatality was an employee at work

If this information is incorrect or incomplete please let me know. Thanks.

#	Date	Resort	State	Age	Skier Ability	Ski/ Tele /Boarder	Cause of Death	Helmet
1	11/22	Wolf Creek Ski Area	CO	41	Expert	Skier
2	12/2	Snowmass	CO	22		Skier		Yes
3	12/12	Cannon Mountain	NH	18		Skier		No
4	12/18	Wolf Creek Ski Area	CO	35	Expert	Boarder	hyperextended his neck backward, rupturing an artery
5	12/19	Cannon Mountain ski resort	NH	31		Boarder
6	12/21	Beaver Creek Ski Area	CO	59		Skier	blunt force trauma	Yes
7	12/24	Hogadon Ski Area	WY	5		Skier	massive chest injuries	Yes
8	12/24	Hogadon Ski Area	WY	22		Boarder	massive chest injuries	No
9	12/26	Aspen Mountain	CO	77	Expert	Skier	suffering a broken
10	12/27	Mountain High ski resort	CA	24	Beginner	Boarder		No
11	12/28	Discovery Ski Area	MT	21	Expert	Skier	blunt force trauma injuries	Yes
12	12/29	China Peak Ski Area	CA	29		Boarder	asphyxiation
13	12/29	Whitefish Mountain Resort	MT	16		Skier	Taken off life support 1/2/11
14	1/2	Keystone Ski Resort	CO	38		Boarder	blunt force trauma	Yes
15	1/9	Whitefish Mountain Resort	MT	29		Boarder		Yes
16	1/9	Snowbowl	AZ	22		Boarder
17	1/11	Heavenly Mountain Resort		57			blunt force trauma to the left side of her chest
18	1/12	Jackson Hole Mountain Resort	WY	18		Skier	Instantly upon hitting tree
19	1/15	Sugarloaf	ME	16		Skier		Yes
20	1/16	Windham Mountain	NY	18	Beginner	Skier	Extensive Head Injuries	No
21	1/19	Mt. Rose Resort	NV	15		Boarder	Head injuries	No
22	1/22	Granlibakken Resort	CA	22		Boarder	blunt force trauma
23	1/26	Keystone Resort	CO	22			severe blunt force trauma	No
24	1/27	Anthony Lakes Ski Area	OR	24			collided with a tree and suffered head and neck injuries
25	1/28	Crystal Mountain	WA	67			severed his spinal cord
26	1/30	Mount Hood Meadows Ski Resort	OR	41		Skier		No
27	2/4	Hunt Hollow	NY	54				Yes
28	2/4	Hunt Hollow Ski Club	NY	54		Skier		Yes
29	2/6	Eldora Mountain Resort	CO	35	Expert	Boarder
30	2/9	Sun Valley Resort	ID	49		Skier	trauma to his head and chest	No
31	2/11	Windham Mountain Ski Resort	NY	69	Novice	Skier	extensive head injuries	No
32	2/11	Cooper Mountain Ski Area	CO	21			fractured skull, a fractured right knee, a broken leg, a broken wrist, many facial fractures and lacerations to his liver and kidney
33	2/12	Snowshoe Mountain Resort	WV	22
34	2/16	Sun Valley Resort	ID
35	2/17	The Yellowstone Club	MT	45
36	2/18	Spirit Mountain	WI	12		Skier
37	2/20	Mount Shasta	CA	23
38	2/23	Arapahoe Basin	CO	32		Skier	blunt force trauma to the chest	No
39	2/27	Northstar-at-Tahoe	CA	30		Boarder	impact of hitting a tree or suffocation from landing headfirst in the snow bank	No
40	2/28	California’s Kirkwood Ski area	CA	25		Skier	internal bleeding
41	3/11	Snowmass Mtn	CO	73		Skier	multiple systems trauma
42	3/14	Beaver Creek Ski Area	CO	18	Expert	Skier	died from head trauma	Yes
43	3/16	Welch Village Ski Area	MN	65		Skier
44	3/16	Alyeska Resort	AK	53		Skier
45	3/17	Howelsen Hill Ski Area	CO	19		Skier
46	3/4	Blue Mountain Ski Resort	PA	73		Skier	head injury	Yes
47	3/22	Eldora Mountain Resort	CO	21		Skier		No
48	3/26	West Mountain Ski Resort	NY	17		Skier	head injuries and went into cardiac arrest	No

What do you think? Leave a comment.

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New Ski Area planned for Alaska

Posted: March 29, 2011 | Author: Recreation Law | Filed under: Ski Area | 1 Comment

Alaska’s Manitoba Mountain could be new home to a “community” ski area.

The “Mountain Rider’s Alliance” or MRA is planning a ski area with 2500’ of vertical with three lifts. MRA whose mission is “to develop environmentally-friendly, rider-owned ski areas throughout the world” is planning the project.

The major draw of the resort will be the out of bounds slopes available from the top of the lifts through a gate.
One key of the planners is to make the resort community owned. Shares of the resort maybe available for as little as $500.00.

See MRA plans new ski area in Alaska

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SkiCo being sued for employee hitting guest

Posted: March 24, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

SkiCo Lift Operator was allegedly inspecting the lift by riding the lift line?

The plaintiff was attending a ski coaching clinic at Buttermilk Ski Area in March of 2009. The group had stopped as most ski schools do when the plaintiff was hit suffering a knee injury.

It’s hard to sue lift operators because they have no money. However, if you argue the lift operator was working then you can drag their employer, the ski area into the lawsuit.

See Boston woman sues SkiCo after injury during a ski coaching clinic

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Worker’s compensation is not enough, but then stupid is as stupid does.

Posted: March 15, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

Reporter suing for injuries she received while reporting about a Zorb at a ski area.

A Zorb is a giant ball that rolls down the hill. The reporter was at Lost Valley ski area when she tried the Zorb for a story. The basis of the suit is the ski area said the Zorb was reasonable safe. Supposedly, the Zorb left the course and rolled over a barrier. Her complaint goes on to say. The ski area…

“failed to undertake basic and reasonable safety precautions, follow industry guidelines, seek governmental approval and/or use reasonable common sense in researching, acquiring, installing, testing and/or offering ‘zorbing’ at” the ski area.

Of course every business should immediately go out and ask the government, state local and federal, for approval for everything they may do. My favorite, they ski industry failed to follow industry guidelines. What industry, there is one company make Zorb’s.

After the wild ride, she drove back to the newspaper office then was taken to Central Maine Medical Center in Lewiston where she was later admitted.

At the same time, this suit may not be connected to the reporter’s desire for compensation. This may be due to one of two different things.

1. Worker’s compensation in Maine maybe so bad that the woman needs additional money to pay her medical bills; or,

2. The suit is based on the subrogation clause in the worker’s compensation policy and is actually started by the insurance company. The suit is in the woman’s name because she has the claim, but most of the money will go to the insurance company.

I hope a release was signed.

Before climbing in, you can’t figure out the risk? I’m getting into a plastic ball to roll down the hill in front of me, and I’m not worried!

What do you think? Leave a comment.

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Ski Area Fatalities 2010 -11 Ski Season to date: 3/2/11

Posted: March 9, 2011 | Author: Recreation Law | Filed under: Ski Area | 1 Comment

Ski Area Fatalities 2010 -11 Ski Season to date: 3/2/11

This 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.

Blue Highlighted Fatality is a ski area employee

Date	Resort	Doing What	Age	Ski/ Tele /Boarder	Cause of Death	Helmet
11/22	Wolf Creek Ski Area	In bounds Avalanche	41	Skier
12/2	Snowmass	lost control and struck a tree	22	Skier		Yes
12/12	Cannon Mountain	loss of control on an open trail section	18	Skier		No
12/18	Wolf Creek Ski Area	jumped off 40-50′ cliff	35	Boarder	hyperextended his neck backward, rupturing an artery
12/19	Cannon Mountain ski resort		31	Boarder
12/21	Beaver Creek Ski Area	found in snow	59	Skier	blunt force trauma	Yes
12/24	Hogadon Ski Area	Stopped on run and hit by snowboarder	5	Skier	massive chest injuries	Yes
12/24	Hogadon Ski Area	Collided with 2 skiers stopped on run	22	Boarder	massive chest injuries	No
12/26	Aspen Mountain	bad fall	77	Skier	suffering a broken
12/27	Mountain High ski resort	collided with trees	24	Boarder		No
12/28	Discovery Ski Area	hit trees/ski instructor	21	Skier	blunt force trauma injuries	Yes
12/29	China Peak Ski Area	found in snow	29	Boarder	asphyxiation
12/29	Whitefish Mountain Resort	found in treewell	16	Skier	Taken off life support 1/2/11
1/2	Keystone Ski Resort	skied into a tree	38	Boarder	blunt force trauma	Yes
1/9	Whitefish Mountain Resort	found in a treewell	29	Boarder		Yes
1/9	Snowbowl	landed on his head while attempting to do a back flip	22	Boarder
1/11	Heavenly Mountain Resort		57		blunt force trauma to the left side of her chest
1/12	Jackson Hole Mountain Resort	found in a tree island probably hit tree	18	Skier	Instantly upon hitting tree
1/15	Sugarloaf	skiing into an object off the side of trail	16	Skier		Yes
1/16	Windham Mountain	ost control on the trail	18	Skier	Extensive Head Injuries	No
1/19	Mt. Rose Resort	crashing into a tree while walking down a slick mountainside	15	Boarder	Head injuries	No
1/22	Granlibakken Resort	back first into a ski lift tower	22	Boarder	blunt force trauma
1/26	Keystone Resort	found in the trees	22		evere blunt force trauma	No
1/27	Anthony Lakes Ski Area		24		collided with a tree and suffered head and neck injuries
1/28	Crystal Mountain		67		severed his spinal cord
1/30	Mount Hood Meadows Ski Resort		41	Skier		No
2/4	Hunt Hollow	hit a tree	54			Yes
2/4	Hunt Hollow Ski Club	found unconscious after he traveled off the south edge	54	Skier		Yes
2/6	Eldora Mountain Resort	he hit a tree	35	Boarder
2/9	Sun Valley Resort	colliding with a tree	49	Skier	trauma to his head and chest	No
2/11	Windham Mountain Ski Resort	fell, slid off the more advanced “Wedgie” ski trail and struck a tree	69	Skier	extensive head injuries	No
2/11	Cooper Mountain Ski Area	lost control and tumbled over some rocks (1/25/11)	21		fractured skull, a fractured right knee, a broken leg, a broken wrist, many facial fractures and lacerations to his liver and kidney
2/12	Snowshoe Mountain Resort	speed and ice caused her to go airborne and strike a tre	22
2/16	Sun Valley Resort	colliding with a tree.
2/17	The Yellowstone Club	fall	45
2/18	Spirit Mountain	ying on the ground in a tree line halfway down a ski run, with obvious trauma and not breathing	12	Skier
2/20	Mount Shasta	fell into a tree well about 10-feet deep	23
2/23	Arapahoe Basin	lost control while moving at a high rate of speed and tumbled	32	Skier	blunt force trauma to the chest	No
2/27	Northstar-at-Tahoe	lying by a cluster of trees	30	Boarder		No
2/28	California’s Kirkwood Ski area	through a backflip off of this 40′ cliff, from a downward decent	25	Skier	internal bleeding

If this information is incorrect or incomplete please let me know. Thanks.

First Update: Ski Area Fatalities -11 Ski Season
Second Update: Ski Area Fatalities -11 Ski Season to date: 1/5/1
Third Update: Ski Area Fatalities -11 Ski Season to date: 1/14/11

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The article describes how lawsuits against ski areas in Utah have increased

Posted: January 25, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

Probably, because the Utah Supreme Court has opened several ways people can sue a ski area in Utah and the Wyoming Recreation Statute has been weakened by recent decisions.

The article describes two fatalities, one in Utah and one in Wyoming. Based on these two lawsuits, suing ski areas is back in vogue? However, the author is probably correct because the defenses available to ski areas in both states have been weakened over the past couple of years.

See Suing Ski Areas Is Back in Vogue

For more on recent decisions on Utah’s ski areas and the Wyoming Recreation statute see: Utah Supreme Court Reverses long position on releases in a very short period of time and $1.2 M award in horseback riding fatality in Wyoming

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Those familiar with the legal system are more likely to sue.

Posted: January 20, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

See People familiar with the legal system are more likely to sue to understand a little more.

Here the deceased had just graduated from law school with his wife. The deceased missed a turn at the Canyons and hit a tree. The suit is alleging the resort should have posted signs or ropes to make skiers away of the turn and drop off.

“The unmarked, merging trails, sharp turn and drop-off without warning signs, roping or fencing caused Mr. Coles to ski over the edge and collide with a tree,” the lawsuit states. “[The Canyons Resort] should have known that failing to warn, rope and fence off the hazardous situation could result in injury to its skiers.”

The article also says the deceased live in Park City and skied there a lot. Do you wonder if the deceased knew about the turn and drop off?

Presently, the case has been dismissed by a Federal District court because there was a lack of diversity. Meaning the parties all resided in the same state so the suit must go forward in state court. The widow says she will re-file the case in state court.

See Widow of skier killed at the resort likely to take the case to state court.court

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Ski Area Fatalities -11 Ski Season to date: 1/14/11

Posted: January 19, 2011 | Author: Recreation Law | Filed under: Ski Area, Skiing / Snow Boarding | Leave a comment

Ski Area Fatalities 2010 -11 Ski Season to date: 1/14/11

This 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.

Yellow Highlighted Fatality was an employee at work
Blue Highlighted Fatality probably a medical fatality rather than an accident

Date	Resort	State	Run Difficulty	Age	Ski/ Tele /Boarder	Cause	Helmet
11/22	Wolf Creek Ski Area	CO	Exp	41	Skier
12/2	Snowmass	CO	Int	22	Skier		Yes
12/12	Cannon Mountain	NH	Exp	18	Skier		No
12/18	Wolf Creek Ski Area	CO	Closed	35	Boarder	hyperextended neck
12/19	Cannon Mountain ski resort	NH	Closed	31	Boarder
12/21	Beaver Creek Ski Area	CO	Exp	59	Skier	blunt force trauma	Yes
12/22	Mt Hood Meadows Ski Area	OR		15	Boarder	*Might be medical
12/24	Hogadon Ski Area	WY	Exp	5	Skier	blunt force trauma	Yes
12/24	Hogadon Ski Area	WY		22	Boarder	blunt force trauma	No
12/26	Aspen Mountain	CO		77	Skier	broken neck
12/27	Mountain High ski resort	CA		24			No
12/28	Discovery Ski Area	MT	Int	21	Skier	blunt force trauma	Yes
12/29	China Peak Ski Area	CA		29	Boarder
12/29	Whitefish Mountain Resort	MT		16	Skier	Taken off life support 1/2/11
1/2	Keystone Ski Resort	CO	Int	38	Boarder	blunt force trauma	Yes
1/9	Whitefish Mountain Resort	MT		29	Boarder		Yes
1/9	Whitefish Mountain Resort	MT	Int	68	Skier	natural causes
1/12	Jackson Hole Mountain Resort	WY		18	Skier	Instantly upon hitting tree

First Update: Ski Area Fatalities -11 Ski Season
Second Update: Ski Area Fatalities -11 Ski Season to date: 1/5/1

What do you think? Leave a comment.

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Ski Area and Retail shop litigate who pays for guest accident at ski area.

Posted: January 17, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

Upky v. Marshall Mountain, LLC, 2008 MT 90; 342 Mont. 273; 180 P.3d 651; 2008 Mont. LEXIS 94 (Montana 2008)

This case is simple on its face, although difficult in the legal procedural issues that decision reviews. A snowboard retail shop in conjunction with the ski area built jumps for snowboard competitions on the mountain. The shop and the mountain did not have any written agreement to determine liability, control or any aspect of the event or building a jump.

A guest of the ski area went off the jump, which was open, prior to the competition breaking his neck resulting in him being a paraplegic.

The facts fall on each side of the argument. Was the jump complete or still under construction. Was the jump closed by the shop after it was built or not. Did the ski area open the jump. Did the plaintiff enter the jump controlled or out of control. Eventually, these facts did not matter. A land owner is ultimately responsible for what happens on its land.

The injured guest sued the ski area. The ski area brought in the retail shop as a third party defendant. A third party defendant is one that the plaintiff does not know about but who the original defendant believes shares or has 100% of the liability of the plaintiff.

The ski area and the plaintiff settled their lawsuit. The plaintiff was dismissed and the lawsuit continued between the ski area and the shop. A jury trial was held, and the jury found the shop was not negligent. The ski area appealed the decision. The appellate court upheld the jury decision.

So?

1. As we know, injuries that generate loss of earnings and major medical bills are always going to generate litigation. There is too much money at stake for the lawyers not to give it a try and needed by the families. Medical bills, future medical bills and the care necessary for a paraplegic are regularly in excess of $3 M and usually close to $5 million. Lost earnings for a teenager will be based on his working from post college to retirement at age 65, and that will be another $5 M to $10 million. Add to that any pain and suffering, parental pain and suffering, etc. and you can see where the real damages can be close to $30 million.

2. When someone can get hurt, the agreement between the parties needs to be specific on who will protect who and who will be responsible for what. Here there was nothing but discussion about putting on an event. When a third party comes on to your land and changes your land you need a written agreement stating that person is liable for the changes. If not, you are liable.

3. If you are the landowner, you are the ultimate person responsible for what happens on your land. As such, you need to be in control of what happens on your land and what third parties do on your land. No matter what the shop owner did, it is solely the responsibility of the land owner, the ski area to open or close the jump.

4. A decision by a jury, the verdict is rarely over turned by a higher court. In order to overturn the jury verdict either the court must find the jury did not understand, totally missed the evidence or allowed emotion, not the facts to control their decision.

This decision occurred in Montana, which is one of the states, which does not allow the use of a release. See States that do not Support the Use of a Release. Consequently, any injury in Montana is going to be defended solely on the defense of assumption of the risk, whether the plaintiff caused their injuries.
What should the two parties have done? They should have an agreement. In exchange for building the jump and running or putting on the event the shop would get sponsorship. The parties should have decided who was going to be liable and the liable party should have indemnified the other party. The indemnification should have been backed up by a certificate of insurance from the indemnifier’s insurance company. The certificate of insurance should have been verified with the insurance company by calling and making sure it was a real policy and in force.

The agreement should have concluded with a mandatory arbitration clause which would have required the parties to arbitrate rather than litigate. The cost of a trial would have been substantially reduced and arbitration results in the parties possibly leaving the field of battle as survivors rather than a victor and the vanquished and defeated.

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Upky v. Marshall Mountain, Llc, 2008 MT 90; 342 Mont. 273; 180 P.3d 651; 2008 Mont. LEXIS 94

Posted: January 17, 2011 | Author: Recreation Law | Filed under: Legal Case, Montana, Ski Area | Tags: Bamboo Poles, Closre, Jump Closed, Retailer, ski area, Ski Jump, skiing, Snowboarder, snowboarding | Leave a comment

Upky v. Marshall Mountain, Llc, 2008 MT 90; 342 Mont. 273; 180 P.3d 651; 2008 Mont. LEXIS 94

CHAD UPKY, Plaintiff, v. MARSHALL MOUNTAIN, LLC, Defendant, and MARSHALL MOUNTAIN, LLC, Third-Party Plaintiff and Appellant, v. BOARD OF MISSOULA, INC. and BOARD OF MISSOULA, LLC, Third-Party Defendants and Appellees.
DA 06-0109
SUPREME COURT OF MONTANA
2008 MT 90; 342 Mont. 273; 180 P.3d 651; 2008 Mont. LEXIS 94
May 16, 2007, Submitted on Briefs
March 18, 2008, Decided
April 3, 2008, Released for Publication
PRIOR HISTORY:
APPEAL FROM: District Court of the Fourth Judicial District, In and For the County of Missoula, Cause No. DV 02-112. Honorable John W. Larson, Presiding Judge.
Upky v. Marshall Mt., 2004 Mont. Dist. LEXIS 3716 (2004)
CASE SUMMARY:
PROCEDURAL POSTURE: Plaintiff accident victim brought a negligence suit against defendant ski area owner, which in turn filed a complaint against third-party defendant ski jump builder for contribution or indemnification. After a jury trial on the third-party complaint, the District Court of the Fourth Judicial District, County of Missoula (Montana), entered judgment in favor of the builder. The owner appealed.
OVERVIEW: After the ski area owner and the accident victim came to a settlement, the ski jump builder was allowed to amend its answer to the owner’s complaint, pursuant to M.R. Civ.P. 15(a), to include a claim that the victim’s negligence, in combination with that of the owner, caused his injuries. The supreme court held that the trial court did not err when it permitted the builder to amend its answer, and that even if there was error, it was harmless because: (1) the jury, in determining that the builder was not negligent, did not reach the question whether the victim was negligent; and (2) thus there was no prejudice to the owner. The supreme court also held that the record demonstrated that substantial credible evidence supported the jury’s verdict that the builder was not negligent; because the evidence was conflicting; the supreme court deferred to the jury’s determination as to which evidence was more credible.
OUTCOME: The trial court’s judgment was affirmed.
CORE TERMS: jump, amend, bamboo, poles, jury verdict, comparative negligence, skiers, ski, credible evidence, constructed, prejudiced, snowboard, morning, jury’s decision, conflicting evidence, unfinished, harmless, ski area, snowboarders, patrol, verdict form, responsive pleading, reasonable mind, inspected, non-party, apportion, predicate, credible, manager, marked
COUNSEL: For Appellant: Gig A. Tollefsen, Berg, Lilly & Tollefsen, P.C., Bozeman, Montana.
For Appellees: Maxon R. Davis, Davis, Hatley, Haffeman & Tighe, Great Falls, Montana.
JUDGES: JOHN WARNER. We Concur: JIM RICE, JAMES C. NELSON, PATRICIA COTTER, BRIAN MORRIS.
OPINION BY: John Warner
OPINION
[***652] [**274] Justice John Warner delivered the Opinion of the Court. [*P1] Third-party plaintiff Marshall Mountain, LLC (Marshall Mountain) appeals from a judgment entered in the Fourth Judicial District Court, Missoula County, in favor of third-party defendants Board of Missoula, Inc. and Board of Missoula, LLC (Board of Missoula), dismissing its third party complaint after a jury verdict in Board of Missoula’s favor.
[*P2] We restate and address the issues on appeal as follows:
[*P3] 1. Did the District Court err when it granted Board of Missoula’s motion to amend its answer to allege comparative negligence by Chad Upky?
[*P4] 2. Was the jury’s verdict that Board of Missoula was not negligent supported by substantial credible evidence?
BACKGROUND
[*P5] On February 12, 1999, eighteen year old Chad Upky was rendered a paraplegic in a skiing accident at Marshall Mountain ski area. The injuries occurred when Upky skied over a ski jump ramp constructed at Marshall Mountain for use in an upcoming snowboard competition. Upky became inverted when he skied over the jump and was injured when he landed.
[**275] [*P6] Board of Missoula was a local snowboard shop that in the years before Upky’s accident had worked with Marshall Mountain to construct jumps for use in snowboard competitions at the ski area. In prior years, the jumps had been constructed up to two weeks before the competition and had remained open for use by skiers at Marshall Mountain. In 1999, Marshall Mountain’s [***653] owner, Bruce Doering, and Board of Missoula’s co-owner, Wright Hollingsworth, agreed to construct a jump for use in that year’s competition. The ski jump on which Upky was injured was constructed two days before the accident. Doering later claimed, on behalf of Marshall Mountain, that he understood the jump would be open for use before the February 1999 competition. To the contrary, Hollingsworth asserted that he and Doering had agreed the jump would be closed prior to the 1999 competition.
[*P7] On Wednesday, February 10, 1999, before the snowboard competition scheduled for the next Saturday, Hollingsworth went to Marshall Mountain after the ski area closed for the evening and built the jump with the help of Marshall Mountain’s snowcat operator, Tyson Miller. Miller and Hollingsworth worked on the jump from about 10:00 p.m. Wednesday night until 2:00 a.m. the next morning. Hollingsworth later said that he wanted to hand finish the jump in the daylight using shovels. It was his opinion that the jump should not be opened for use until it was finished. He said that before he left early Thursday morning he laid bamboo poles across the jump to indicate that it was closed. Hollingsworth said that he believed the ski patrol would see the bamboo poles when they inspected the area in the morning and would keep the jump closed. Later, members of the ski patrol and other employees of Marshall Mountain disagreed about whether there were bamboo poles across the jump on Thursday morning.
[*P8] No matter whether Hollingsworth had marked the jump as closed with bamboo poles, the jump was open for use by skiers and snowboarders that Thursday and again on Friday. Doering and the ski patrol examined the jump, and it was left open for skiers and snowboarders. Doering stated that he had ultimate authority on whether or not to allow Marshall Mountain patrons to use the jump. Several employees of Marshall Mountain used the jump with no problem.
[*P9] On Friday, the day of Upky’s accident, the jump was open throughout the day. Late in the day, a Marshall Mountain employee suggested to Doering that they close the jump due to changing snow [**276] and lighting conditions. However, Doering decided to keep the jump open. Chris Laws, Board of Missoula’s retail manager, was at Marshall Mountain on Friday. He noticed the jump was open, even though he understood it was supposed to be closed.
[*P10] On Friday evening, Upky and some friends approached the jump. Upky claimed that he tried to slow himself going into the jump by snowplowing with his skis and went over the jump at a controlled speed. Other witnesses to the accident, including Doering and Laws, stated the Upky “bombed” the jump by going into it extremely fast. Upky suffered severe injuries as a result of his fall, including a broken neck that resulted in his paraplegia.
[*P11] In 2002, Upky brought suit against Marshall Mountain, alleging that its negligence was the cause of his injuries. Upky made no claim against Board of Missoula. In its answer, Marshall Mountain denied any negligence and asserted affirmative defenses, including Upky’s comparative negligence. Marshall Mountain filed a third-party complaint against Board of Missoula seeking contribution or indemnification, asserting that Board of Missoula was responsible for any negligence in the construction of the jump. In its answer, Board of Missoula denied it had been negligent and went on to claim that the jump was unfinished when Upky used it and that it had cordoned off the jump to prevent its use prior to the competition, but Marshall Mountain negligently allowed the use of the jump on the day of Upky’s accident. Subsequently, Board of Missoula, in response to a request for admission, admitted that it had left the jump in an unfinished condition and that it was dangerous. However, it qualified the admission to state that the actions of Marshall Mountain in removing the bamboo poles marking the jump closed and allowing its patrons to use the jump were careless and caused Upky’s injuries.
[*P12] Following discovery, Board of Missoula moved for summary judgment, arguing that it was not negligent as a matter of law. The District Court denied the motion for summary judgment in November 2003.
[***654] [*P13] In December 2003, Marshall Mountain and Upky settled Upky’s claim. In March 2004, the District Court noted that because of the settlement only Marshall Mountain’s claims against Board of Missoula remained to be litigated; Upky’s claims against Marshall Mountain were later dismissed.
[*P14] In July 2004, Board of Missoula moved to amend its answer, pursuant to M. R. Civ. P. 15(a), to include a claim that Upky’s negligence, in combination with that of Marshall Mountain, caused his [**277] injuries, and to have the jury determine the extent of his negligence as a non-party under § 27-1-703, MCA. Board of Missoula’s amended answer reasserted the claim in the original answer that Board of Missoula was not negligent and Marshall Mountain was negligent for allowing skiers to use the unfinished jump. The amended answer only added the assertion that both Upky and Marshall Mountain caused or contributed to the damages alleged by Upky. Board of Missoula did not attempt to withdraw its admission that the jump was dangerous. Marshall Mountain opposed the motion, arguing that it came too late and the amendment adding a claim of comparative negligence by Upky would be unfairly prejudicial. The District Court granted the motion to amend.
[*P15] A jury trial on the third-party complaint began December 5, 2005. At trial, numerous witnesses provided conflicting evidence on the events surrounding Upky’s injuries. The witnesses’ testimony varied widely on whether Doering and Hollingsworth had agreed to close the jump prior to the competition, whether Hollingsworth placed bamboo poles on the jump, and how dangerous, if at all, the jump was for skiers and snowboarders. There was also conflicting evidence regarding the exact circumstances of Upky’s fall, specifically how far away he was when he began approaching the jump and how fast he went over the jump.
[*P16] The special verdict form submitted to the jury first instructed it to determine if Board of Missoula was negligent. Only if the jury found that Board of Missoula was negligent was it to decide if Upky and Marshall Mountain were also negligent and fix the percentages of negligence. The jury returned its verdict finding that Board of Missoula was not negligent. Thus, it did not apportion fault. The District Court entered a final judgment in favor of Board of Missoula. Marshall Mountain appeals.
DISCUSSION
[*P17] Issue 1: Did the District Court err when it granted Board of Missoula’s motion to amend its answer to allege comparative negligence by Chad Upky?
[*P18] The Montana Rules of Civil Procedure provide for amendments to pleadings:
[HN1] A party may amend the party’s pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party [**278] may so amend it at any time within 20 days after it is served. Otherwise a party may amend the party’s pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.
M. R. Civ. P. 15(a). [HN2] While amendments are not permitted in every circumstance, we have emphasized that, as Rule 15(a) states, leave to amend should be “freely given” by district courts. Loomis v. Luraski, 2001 MT 223, P 41, 306 Mont. 478, P 41, 36 P.3d 862, P 41. District courts should permit a party to amend the pleadings when, inter alia, allowing an amendment would not cause undue prejudice to the opposing party. Prentice Lumber Co. v. Hukill, 161 Mont. 8, 17, 504 P.2d 277, 282 (1972) (quoting Foman v. Davis, 371 U.S. 178, 182, 83 S. Ct. 227, 230, 9 L. Ed. 2d 222 (1962)).
[*P19] Marshall Mountain claims it was prejudiced by the amendment to the pleadings which allowed the jury to consider Upky’s negligence. However, the jury heard all of the evidence concerning the actions of Board of Missoula presented by Marshall Mountain, which included the admission that the jump was dangerous, and nevertheless determined that Board of Missoula was not negligent. Thus, it did not reach the question [***655] of whether Upky was negligent. As the jury did not consider any negligence on the part of Upky in reaching its verdict, there was no prejudice to Marshall Mountain. [HN3] When a special verdict requires a jury to answer a question only if it first determines that a predicate question is answered in the affirmative, and the jury answers the predicate question in the negative, we have consistently held that the party objecting to the submission of the second, unanswered question is not prejudiced. Under such circumstances we consider any error harmless, and decline to interfere with the jury’s decision. See e.g. Payne v. Knutson, 2004 MT 271, PP 17-18, 323 Mont. 165, PP 17-18, 99 P.3d 200, PP 17-18 (concluding there was no prejudice to the plaintiff where the jury was not instructed to apportion negligence among the defendants because the jury found the plaintiff was more than 50% negligent and thus could not recover); Peschke v. Carroll College, 280 Mont. 331, 343, 929 P.2d 874, 881 (1996) (concluding that although a district court erred in admitting a videotape, it went to the issue of causation, which the jury did not reach, and the error was thus harmless); Drilcon, Inc. v. Roil Energy Corp., 230 Mont. 166, 173, 749 P.2d 1058, 1062 (1988) (declining to address appellant’s argument that the special verdict form erroneously included non-parties because the jury apportioned negligence only among the parties to the action and appellant was not prejudiced).
[**279] [*P20] We affirm the District Court’s order allowing Board of Missoula to amend the pleadings to allege Upky’s comparative negligence because Marshall Mountain was not prejudiced by it and any error was harmless.
[*P21] Issue 2: Was the jury’s verdict that Board of Missoula was not negligent supported by substantial credible evidence?
[*P22] [HN4] This Court does not review a jury verdict to determine if it was correct. We review a jury’s decision only to determine if substantial credible evidence in the record supports the verdict. Campbell v. Canty, 1998 MT 278, P 17, 291 Mont. 398, P 17, 969 P.2d 268, P 17; Wise v. Ford Motor Co., 284 Mont. 336, 343, 943 P.2d 1310, 1314 (1997). Substantial evidence is “evidence that a reasonable mind might accept as adequate to support a conclusion” and may be less than a preponderance of the evidence but must be more than a “mere scintilla.” Campbell, P 18.
[*P23] [HN5] It is the role of the jury to determine the weight and credibility of the evidence, and this Court will defer to the jury’s role. Seeley v. Kreitzberg Rentals, LLC, 2007 MT 97, P 21, 337 Mont. 91, P 21, 157 P.3d 676, P 21, overruled on other grounds, Giambra v. Kelsey, 2007 MT 158, P 27, 338 Mont. 19, P 27, 162 P.3d 134, P 27. [HN6] We view the evidence in the light most favorable to the prevailing party. Where conflicting evidence exists, we will not overturn a jury’s decision to believe one party over another. Samson v. State, 2003 MT 133, P 11, 316 Mont. 90, P 11, 69 P.3d 1154, P 11.
[*P24] The record before us demonstrates that substantial credible evidence supports the jury’s verdict that Board of Missoula was not negligent. Hollingsworth testified that he and Doering agreed the jump would be closed prior to the competition. Hollingsworth also testified that he had marked the jump closed with bamboo poles the night it was constructed, and other testimony supported this assertion. There was also evidence that only Marshall Mountain had the ultimate decision-making authority to open or close the jump. Marshall Mountain’s manager, Doering, testified he inspected the jump and thought it was safe. This evidence, which does not include the testimony describing Upky’s actions, provided the jury with an adequate basis to support its decision that Board of Missoula was not negligent. Campbell, P 18.
[*P25] There is also evidence which would tend to show Board of Missoula was negligent. However, because the evidence is conflicting we defer to the jury’s determination as to which evidence is more credible. Seeley, P 21. We conclude that the record contains sufficient [**280] evidence for reasonable minds to conclude that Board of Missoula was not negligent.
[***656] CONCLUSION
[*P26] The District Court did not err when it permitted Board of Missoula to amend its answer, and the jury verdict is supported by substantial credible evidence.
[*P27] Affirmed.
/S/ JOHN WARNER
We Concur:
/S/ JIM RICE
/S/ JAMES C. NELSON
/S/ PATRICIA COTTER
/S/ BRIAN MORRIS

You are stuck on a chairlift so you call……CNN?

Posted: January 11, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

What has changed in our society that getting your name or face on TV so important?

So a chair lift derails in Maine over the holidays. The resort does a good job of issuing a press release. However, someone sitting on the chair lift calls CNN?

How many people carry CNN’s number on their phone?

A man on the chairlift who called into CNN estimated that 100 people were stranded on the lift around noontime. He said skiers were told by mountain employees that trapped skiers would have to belay down from chairs via rope.

At least CNN or the man calling got the facts wrong!

See 5 chairs fall as ski lift derails at Sugarloaf ski resort in Maine; people reportedly injured.

What do you think? Leave a comment.

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Ski Area Fatalities 2010-11 Ski Season to date: 1/5/2011

Posted: January 5, 2011 | Author: Recreation Law | Filed under: Ski Area, Skier v. Skier | Leave a comment

This 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.

Highlighted incidents are employees who were working.

Date	Resort	State	Run Difficulty	Age	Skier Ability	Ski/ Tele /Boarder	Cause	Helmet
11/22/2010	Wolf Creek Ski Area	CO	Expert	41	Expert	Skier	Avalanche
12/2/2010	Snowmass	CO	Interm	22		Skier		Yes
12/12/2010	Cannon Mountain	NH	Expert	18		Skier		No
12/18/2010	Wolf Creek Ski Area	CO	Closed	35	Expert	Boarder	hyperextended neck
12/19/2010	Cannon Mountain ski resort	NH	Closed	31		Boarder
12/21/2010	Beaver Creek Ski Area	CO	Expert	59		Skier	blunt force trauma	Yes
12/22/2010	Mt Hood Meadows Ski Area	OR		15		Boarder	*Might be medical
12/24/2010	Hogadon Ski Area	WY	Expert	5		Skier	blunt force trauma	Yes
12/24/2010	Hogadon Ski Area	WY		22		Boarder	blunt force trauma	No
12/26/2010	Aspen Mountain	CO		77	Expert	Skier	broken neck
12/27/2010	Mountain High ski resort	CA		24				No
12/28/2010	Discovery Ski Area	MT	Interm	21	Expert	Skier	blunt force trauma	Yes
12/28/2010	China Peak Ski Area	CA		29		Boarder

First Update: Ski Area Fatalities 2010-11 Ski Season

What do you think? Leave a comment.

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Skiing coming to Texas……will they stay home?

Posted: January 4, 2011 | Author: Recreation Law | Filed under: Ski Area | Leave a comment

Developer planning indoor ski area in a mall.

A Grapevine Texas developer is planning an indoor ski area at a mall in the Grapevine Mills Mall. The proposed will also have an ice climbing wall, luge track, and shops and restaurants. The proposed name is Texas Alps. See Indoor ski slope planned for Grapevine.

This ski area will be joined with several other themed areas with the goal of bringing the equator and the North Pole together in Texas.

Will they still come north? :)

What do you think? Leave a comment.

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CAIC Companion Rescue Workshop by

Posted: December 24, 2010 | Author: Recreation Law | Filed under: Avalanche, Ski Area | Leave a comment

Colorado Avalanche Information Center and Arapahoe Basin are hosting a Companion Rescue Workshop.

Arapahoe Basin Ski Area

January 6, 2011 8:00am to 5:30pm

Cost: $100 + lift ticket (participants will be eligible for a group rate ticket)

Come with your touring partners and the gear you carry into the backcountry. We’ll spend the morning talking about rescue technology and techniques. The afternoon we’ll spend in the field putting what you learned into practice. Field sessions will include skill stations and mock rescue scenarios. This workshop is focused on small group companion rescue, but it suitable for experience and professional rescue workers. The event is sponsored by the Colorado Avalanche Information Center, RECCO, Arapahoe Basin, and the American Institute for Avalanche Research and Education.

Click here for the schedule.

Click here to register online or call 303-866-2611

Show Up and Support the CAIC!

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What do you think? Leave a comment.

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Apps aren’t just for cities anymore. Ski resorts have Apps!

Posted: December 23, 2010 | Author: Recreation Law | Filed under: Ski Area, Skiing / Snow Boarding | Leave a comment

Electronics and snow…..skiing, tele and riding to win I hope!

For a start Vail’s EpicMix which will log your vertical can be automatically uploaded to your Facebook or Twitter Accounts. Your friends will be automatically updated on your vertical as well as the number of days you have on the slopes this year. Your friends with smartphones can then be alerted to your presence on the mountain also.

Realski is an Iphone app that has trail maps for 100 ski areas in North America. Hold the phone up and the interactive trail map locates trails, restaurants and restrooms. Screen shots can also be posted on Facebook and Twitter. The app is free by the maps are $0.99 each.

Aspen Skiing Co has a new app coming that will provide updates on snowball and grooming as well as buy lessons or make dinner reservations. (I know my friends will be using the dinner reservation feature a lot in Aspen……Table for 12 at McDonalds please…)

OnTheSnow.com, wned by Vail has a free IPhone Gear Guide app that provides show reports. One is also coming for iPad this winter. (You ski with an iPad?)

The ultimate technology non-app this year will be the Zeal Optics – Recon Instrument’s goggle the Transcend with the integrated display. The display will show you your speed, time, altitude, distance, vertical, temperature and location.

Remember when you are riding, to think about what you are doing. Pay attention to what and where rather than how fast or how big on a screen. I can personally attest to the issues caused by trying to add bigger numbers to an app rather than enjoying the experience.

Technology is so fun, but not as fun as riding!

To see more read Ski resorts storm the slopes with new apps.

What do you think? Leave a comment.

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Ski Area Fatalities 2010-11 Ski Season

Posted: December 17, 2010 | Author: Recreation Law | Filed under: Ski Area, Skier v. Skier | Leave a comment

This 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.

Let’s hope we do not fill the chart this year

Date	Resort	Age	Board /Ski	Ability	Cause	Doing	Helmet
11/22/2010	Wolf Creek	41	Ski	Expert	Avalanche	Patroller
12/2/10	Snowmass	22	Ski		Tree	lost control	Yes
12/12/10	Cannon Mountain	19	Ski

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It's not what I write, It's what you Learn

New Epic App allows you to add photos to your ski information.

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The Flying Tomato will promote all Vail Resorts

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While there they, they tack on another $5000 for a hand rail violation..

My Response,

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Or probably, If I make enough noise, no matter how wrong, I can get re-elected.

Do Something

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If this information is incorrect or incomplete please let me know. Thanks.

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National Ski Area Association has this posted on their website.

So?

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I’ll be speaking at one of them, the Rocky Mountain Lift Association Meeting May 9-12.

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If this information is incorrect or incomplete please let me know. Thanks.

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Alaska’s Manitoba Mountain could be new home to a “community” ski area.

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SkiCo Lift Operator was allegedly inspecting the lift by riding the lift line?

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Ski Area Fatalities 2010 -11 Ski Season to date: 3/2/11

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35 Years of Outdoor Retailer

The book for the Outdoor Recreation Industry Professional.