“WDD apparently understood certain risks of the pond skim event, having already participated on the day of his injury. However, a pond skim event promoted by the recreational provider is unlike the ordinary activity of skiing at a ski resort or even skiing in a terrain park at a resort. The specific actions of both WDD and Snow King as the recreation provider must be considered in determining whether the danger of pond skimming encountered by WDD is intrinsic to that recreational activity.” –Teton County District Court Judge Timothy Day
A Wymoning judge decided a lawsuit stemming from injuries suffered during a 2017 pond skim accident at Snow King Mountain Resort will be going in front of a jury. Jackson Hole News & Guide reports the parents of the teenage boy who was injured argue the resort was negligent in designing, creating and conducting a pond skim event. Snow King’s representation argue they are not liable.
The accident happened after multiple successful crossings by the teenage boy on the day of the event. The boy and a group of his friends then decided to cross a group in what they called a “rowdy train.” The boy is referred to as WDD in court docs:
“WDD was an experienced skier, had done the pond skim before, including that day; had done rowdy trains before, was fourth in line therefore knew no one was controlling when the skier behind him would begin; and that he was aware that there are no real rules or start areas or supervision or safety precautions for this particular pond skim.”
As the boy was exiting the pond another skier in the rowdy train skied across his left leg. The edge of that ski cut deep into his leg, severing muscle, tendon and nerve. He now suffers “drop foot.”
The incident happened when the Wyoming Recreational Safety Act was still in effect which stated “inherent risk with regard to any sport or recreational opportunity means those dangers or conditions are characteristic of, intrinsic to, or an integral part of any sport or recreational opportunity.”
The plaintiffs have not indicated how much they’re seeking in damages but it’s more than $50,000. Attorney Jerry Bosch stated “The medical bills are substantially more than that.” We will be sure to update this story when a judgement is reached.
images from SnowKingMountain FB