Baldmountainid
Image of Bald Mountain, Idaho from Wikimedia Commons

Anthony Davis, of California, has been awarded over $407,000 by an Idaho Judge in a default judgment.

The litigation stemmed from an accident on Feb. 17, 2013 on Bald Mountain. According to the complaint, Davis was skiing on Mid Christmas Bowl, an intermediate-level run, when he was struck from behind by Robert Todd Lazenby of Maryland. The complaint accuses Lazenby of negligence. It alleges that Lazenby was skiing at a “high rate of speed,” that he failed to maintain a proper lookout for other skiers, that he was skiing too fast for conditions, that he failed to maintain adequate control, that he failed to yield to Davis and that he failed to take evasive action to avoid the collision.

As a result of the accident, Davis suffered a torn labrum requiring surgery. Furthermore, the complaint states that Davis suffered lost wages and earning capacity and incurred past and future medical expenses. Non-economic damages are described as mental anguish, physical and emotional pain and “loss of the enjoyment of life.”

A total of $407,715,000 with $62,785 for medical bills, $25,000 for wages lost, $96 for the filing fee, $100 for service costs and $319,734 for non-economic damages, defined in the lawsuit as pain and suffering and mental anguish.

However, according to court records, Robert Todd Lazenby of Maryland refused to receive a summons and civil complaint and ignored all court proceedings. So regardless of the award, whether Davis will ever collect on the judgment is another matter altogether. “That’s a process we’re involved in now in trying to collect the judgment,” Davis’ attorney Brian J. Hilverda, of the Twin Falls law firm Pederson and Whitehead, said in an interview Thursday. “But we don’t know if we can. Since he didn’t participate in the process, we don’t even know if he’s insured.”

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