Lawsuit against ski area dismissedApril 21,2014CONCORD, N.H. — A judge has dismissed a Massachusetts couple’s lawsuit against the operators of a New Hampshire ski area, saying the companies can’t be held liable for a crash between a ski instructor and a teenage boy.
Susan and Michael Hanus sued Loon Mountain Recreation Corp. and Boyne USA after their 13-year-old son ended up with a concussion, broken arm and broken leg when an instructor on a snowboard collided with him in February 2011.
Under state law, skiers can’t sue resorts over injuries resulting from skiing’s inherent risks, including collisions with other skiers, but the couple argued that the immunity granted to ski areas didn’t apply in their case because the resort employee violated the law by skiing across a closed trail.
U.S. District Court Judge Joseph Laplante rejected that argument in a ruling last week, saying the law makes no exceptions for collisions with skiers who are violating the law, nor does it except collisions with ski area employees, even when they are violating the law or acting recklessly.
“The mere fact that (the boy) collided with a ski area employee who was behaving negligently or recklessly does not remove the collision from the realm of skiing’s inherent risks, at least as far as the statutory language is concerned,” he wrote.
Neither a lawyer representing the couple nor the ski resort’s lawyer responded to requests for comment last week.
The couple’s suit against the ski instructor is pending, as is the ski resort’s countersuit against the couple.MORE IN News
- Most Popular
- Most Emailed
- RICHARD'S POOR ALMANACK: On this day in 1843, British Naval officer GEORGE LORD PAULET obtains provisional cession of Hawaiian Islands; 1866, miners claim Calaveras skull found found in goldmine is remains of 5 million-year-old Pliocene man.
- RICHARD'S POOR ALMANACK: On this day 1739, 'Richard Palmer' identified in prison at York Castle as the notorious outlaw DICK TURPIN; IN 1836, Battle of the Alamo begins near San Antonio de Bexar, Texas; 1896, the Tootsie Roll invented by LEO HIRSCHFELD.
- RICHARD'S POOR ALMANACK: On this day in 1472, Orkney, Shetland islands put up as collateral by Norway to Scotland in lieu of dowry for MARGARET OF DENMARK on her marriage with JAMES III, king of Scotland; 1962, JOHN GLENN first American to orbit Earth.
- TOMORROW'S HEADLINES TODAY: City mayoral candidates debate campaign issues; Hartford, Conn., woman still missing; Neal Goswami reports attempts to legislate suicide; local woman loses 100 pounds through TOPS program.
- RICHARD'S POOR ALMANACK: On this day in 1878, JOHN TUNSTALL murdered near Lincoln, New Mexico, by the outlaw JESSE EVANS; in 1930, ELM FARM OLLIE first cow to fly in aircraft, first to be milked airborne; 1955, nuke test WASP; '79, snow in Sahara.
- TOMORROW'S HEADLINES TODAY: Rutland Herald News Editor Alan J. Keays and staff writer Gordon Dritschilo discuss stories planned for the February 18, 2015, edition of the newspaper: Winter budgets maxed, legal marijuana, Springfield bank job, USPS slowdown