A skier injured on the slopes of Camelback Mountain Resort in the Poconos can't prevail on his claim that the resort committed fraud by failing to mention its immunity from liability in advertisements targeting New Jersey audiences.

U.S. District Judge Robert D. Mariani of the Middle District of Pennsylvania dismissed skier Gye Cole's New Jersey Consumer Fraud Act claim on Wednesday, reasoning that Cole's argument was not cognizable under the act.

Cole, a Waretown, New Jersey, resident, was injured when she slammed into a metal pipe while skiing down one of Camelback's black diamond slopes, according to the decision. Cole and her husband sued for negligence in addition to the fraud claim.