Aspen Skiing Company is currently getting sued over a hot dog for $100,000.
THE HOT DOG INCIDENT:
– On Wiener Wednesdays, Aspen lifties cook hot dogs for customers
– While cooking hot dogs the lifties failed to notice a toboggan was on a chair coming down the mountain
– Ryan Bradley mounted the toboggan filled chair, was knocked down, and hurt his shoulder
– Now, Ryan is suing Aspen SkiCo. for $100,000 saying that the lifties were distracted because of said hot dog cooking
Ryan’s buddies were able to hop out of the way and avoid the chair. Ryan, was not as crafty. He is now suing Aspen over this and the Judge agrees that his lawsuit should go to court.
Judge Denis Lynch of Pitkin Country District Court ruled that Aspen SkiCo might be liable for negligence in the hot dog lawsuit even tho Ryan had signed a liability waver to receive his season pass.
Waiver Signed: “waive, release, indemnify, defend and hold harmless [Aspen SkiCo.] any and all claims of any sort whatsoever arising out of or related to [the] use of the facilities, ski area and lifts.”
Aspen SkiCo.’s lawyers tried to get this lawsuit throw out of court and didn’t succeed.
“By its very terms, this language of the statute [the liability release formed Ryan signed] contemplates claims for negligence per se. Parties may not privately contract to abrogate statutory requirements.” – Judge Denis Lynch
“A jury may accept that [SkiCo] was aware of the risks of diverting the attention of its lift attendants, particularly while a jake table was in use, and that such action was ‘done heedlessly and recklessly without regard to consequences or the rights of the plaintiff.’” – Judge Denis Lynch
It’s very likely that Wiener Wednesdays will never been seen again at Aspen…and that kinda sucks.
A four-day jury trial is scheduled to begin Nov. 13.
Do you agree with Ryan on this one? Or is this lawsuit really really lame?
