Deer Valley Resort was denied its request Wednesday to be dismissed from a lawsuit involving actress Gwyneth Paltrow arguing it should be settled between the actress and the alleged victim.

The lawsuit stems from a 2016 ski collision at the resort between Oscar winning actress Gwyneth Paltrow and her accuser 72-year-old retired optometrist Terry Sanderson. In the lawsuit a Deer Valley Resort ski instructor who the victim says berated him and didn’t call ski patrol for help “doesn’t qualify as an inherent risk of skiing,” per a written decision by Judge Kent Holmberg.

Deer Valley’s attorney, Adam Strachan, argued during a June hearing that Deer Valley was shielded from responsibilities for skiing collisions under a law that takes into account the inherent dangers of skiing.

The alleged victim’s attorneys say he suffered severe emotional distress after an instructor with Paltrow skied up to him and yelled at him as he lay face-down in the snow, having suffered a concussion after Paltrow plowed into him.

“The court is not persuaded that the behavior allegedly encountered by Sanderson is the type of risk that a skier would reasonably expect to encounter when skiing.”

The decision means the resort will remain a defendant along with Paltrow in the pending lawsuit. The alleged victim is seeking $3.1 million in damages. Paltrow filed a countersuit earlier this year alleging Sanderson the uphill skier and that he is trying to exploit her celebrity and wealth. She is seeking “symbolic damages” of $1 plus costs for her lawyers’ fees.

images from gwynethpaltrow IG

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