Breckenridge, Colorado — After a costly ruling involving a chairlift incident at Crested Butte, Vail Resorts faces another legal challenge that has reached the Colorado Supreme Court’s docket.
CBS Colorado reports that the Colorado Supreme Court will hear the case of a skier who was struck by a snowmobile driven by an employee at Breckenridge Ski Resort.
Back in 2020, John Litterer was snowboarding at Breckenridge Resort. While going down the Wirepatch trail, he took a left turn on the Peak 8 Road. This route is also approved for employees to use snowmobiles. The snowmobile, traveling 8 mph under the 25 miles per hour speed limit, hit the snowboarder. The snowboarder was reportedly traveling at high speed when he made a left onto the road, resulting in the collision. The snowboarder allegedly only saw the snowmobile at the last moment, giving the individual minimal (if any) time to respond. Meanwhile, the snowmobiler caught a glimpse of someone ahead of the intersection and began slowing his vehicle and moving it to the edge of the trail to avoid a collision.
Litterer sued Vail Resorts in 2022. However, two separate Colorado courts have ruled in favor of the ski resort. In a 23-page opinion, the Colorado Court of Appeals stated that John gave up his right to sue by signing the waiver before acquiring his Epic Pass. As part of ticket sales, you sign a release of liability at the ski resorts, which includes a reference to employees operating snowmobiles.
This news follows the awarding of $12.4 million to the family of a skier who fell off a chairlift at Crested Butte. She was unable to properly load, and the lack of any employees paying attention prevented them from stopping the chairlift. She ended up falling from a high height, resulting in life-altering injuries. In a separate case, the Supreme Court awarded a family $205 million whose daughter died on a drop tower ride after not being locked adequately at Glenwood Caverns Adventure Park.
I personally don’t see that being the outcome here. Ski resort waivers clearly point out the risk of snowmobiles on the slopes. Given the facts presented, I don’t think it rises to the level of negligence. So my prediction is that the Colorado Supreme Court will uphold the prior rulings.
Image Credits: Nick Rickert, Breckenridge Ski Resort
