Court Affirms Dismissal of Skiing Accident Lawsuit in First-Impression Case
The Pennsylvania Superior Court has rejected an appeal by a man injured at a ski resort in the Allegheny Mountains, ruling in a case of first impression that wheel ruts on a ski slope are an inherent risk associated with the activity of downhill skiing.
April 25, 2018 at 06:31 PM
3 minute read
The Pennsylvania Superior Court has rejected an appeal by a man injured at a ski resort in the Allegheny Mountains, ruling in a case of first impression that wheel ruts on a ski slope are an inherent risk associated with the activity of downhill skiing.
A three-judge panel consisting of Judges Mary Jane Bowes, Victor Stabile and Kate Ford Elliott affirmed the Bedford County Court of Common Pleas' decision to toss plaintiffs Patrick and Kathryn Kibler's case against Blue Knob ski resort.
Patrick Kibler, who fractured his tibia when he skied over ATV wheel ruts on the slope, argued that the resort was negligent in not remedying the tracks. Kibler also claimed that the release Blue Knob requires skiers to sign acknowledging the voluntary assumption of risk isn't eye-catching enough.
In the court's opinion, Ford Elliott wrote that because no Pennsylvania case was on point with regard to the risk assumption and the presence of wheel ruts on a slope, the court would adopt the reasoning of the New York Supreme Court, Appellate Division's ruling in Schorpp v. Oak Mountain.
“Given that our cases do not directly address an injury incurred while engaged in downhill skiing caused by wheel ruts in the terrain on the slope, we find the New York statute and case law to be the most instructive in the instant appeal,” Ford Elliott said.
“Moreover, the language of the release signed by appellant … is nearly identical to the language of the New York statute,” she added. “We agree with the holding of the appellate division of the New York Supreme Court, and find that wheel ruts in the terrain are an inherent risk to the sport of downhill skiing. Accordingly, we hold that appellants cannot recover damages as a matter of law, and that the trial court properly granted defendants' motion for summary judgment.”
The court also found the release Kibler signed was conspicuous.
“The exculpatory language of the release is preceded by a heading that is written in all capital letters in a size of text equal to the exculpatory language of the release,” Ford Elliott said. “The heading also contains two exclamation points that call attention to the language of the heading. … Accordingly, we find that appellants' argument that the release lacked conspicuity and 'was without print of a size and boldness that draws the attention of an ordinary person' is without merit, as defendants' release is conspicuous under the Pennsylvania Uniform Commercial Code.”
Lastly, the court considered whether the state of the slope constituted gross negligence on the part of Blue Knob. The court agreed with the reasoning of the trial court, which said that while the presence of tracks in the snow may have been “arguably negligent” it did not rise to the level of gross negligence or recklessness.
The trial court noted, “Defendants' employees were engaged in the normal and expected process of maintaining the ski slopes and did so in a careless fashion, producing a condition that—although possibly dangerous—was not inherently unexpected upon a ski slope.”
The Kiblers' attorney, Altoona-based Douglas Stoehr, did not return a call seeking comment.
Anthony Hinkle of Cipriani & Werner, who represents Blue Knob, declined to comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRisk Mitigation: Employee Engagement Results in Fewer Lawsuits (and Other Benefits)
5 minute readMatt's Corner: Pa.R.D.E. 217—Obligations of a Formerly Admitted Attorney
2 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250