Wednesday, July 18, 2018

Willhide-Michiulis v. Mammoth Mountain (Cal. Ct. App. - July 18, 2018)

There are lots of inherent risks of skiing and snowboarding.  You might not think that getting hit by a snowcat operated by the resort and having your leg amputated was one of these inherent risks. 

But the Court of Appeal makes clear today that this is, in fact, all on you.  As Justice Robie puts it: "Mann’s driving of the snowcat with a tiller on an open run was not grossly negligent and was, in fact, an inherent part of the sport of snowboarding and conduct contemplated by the parties in the release of liability agreement. The question now is whether the additional conduct alleged in plaintiffs’ opposition -- Mann’s failure to use a turn signal, making of a sharp left turn from the middle of the snow run, failure to warn skiers on mambo of his presence, and failure to warn skiers of the existence of Old Boneyard Road -- elevated Mann’s conduct to gross negligence. We conclude it does not."

Enjoy the upcoming winter.  Watch out for snowcats.