Brigance v. Vail Summit Resorts, Inc.

Facts

P visited D with her family and participated in a ski lesson. P was required to sign a liability waiver before beginning a lesson. P's husband also purchased a lift ticket enabling her to ride the ski lifts at D. P received the ticket from her husband and used it to ride the Discovery Lift. The lift ticket contained a warning and liability waiver on its back side. After receiving some instruction during her ski lesson on how to load and unload from a chairlift, P boarded the Discovery Lift. As she attempted to unload from the lift, her left ski boot became wedged between the ground and the lift. Although she was able to stand up, she could not disengage the lift because her boot remained squeezed between the ground and the lift. The motion of the lift pushed P forward, fracturing her femur. P sued D. P alleged that the short distance between the ground and the Discovery Lift at the unloading point-coupled with the inadequate instruction provided by her ski instructor, the chairlift operator's failure to stop the lift, and Ds deficient hiring, training, and supervision of employees-caused her injuries. D moved to dismiss all claims with the exception of her respondeat superior and PLA claims. The court dismissed P's negligence claim as preempted by the PLA. It also dismissed her negligence per se claim, concluding that she 'failed to identify any requirement' of the Colorado Ski Safety Act of 1979 (SSA) that D had allegedly violated. Upon completion of discovery, D moved for summary judgment on the basis that the Ski School Waiver and Lift Ticket Waiver completely bar P's remaining claims. The court determined that the Ski School Waiver and Lift Ticket Waiver are enforceable under the factors established by the Colorado Supreme Court in Jones and that the SSA and PTSA do not otherwise invalidate the waivers. It granted D's motion. P appealed.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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