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Update on Vail inbouds skier death: Denver Post article

Threads related to Colorado mountaineering accidents but please keep it civil and respectful. Friends and relatives of fallen climbers will be reading these posts.
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Re: Update on Vail inbouds skier death: Denver Post article

Postby TomPierce » Thu Oct 10, 2013 2:13 pm

My condolences to the skier's family.

I suspect that the family's lawyer is focusing upon the allegedly conflicting statements to create a dispute about a material fact (i.e. the possible willfulness of negligence) as a way to skirt summary judgment (i.e. an adverse ruling from the judge that effectively dismisses the case). If they can get past summary judgment and get the case set for a jury trial their settlement leverage is definitely increased. Just my take on things.
-Tom

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Re: Update on Vail inbouds skier death: Denver Post article

Postby jomagam » Thu Oct 10, 2013 2:16 pm

TomPierce wrote:My condolences to the skier's family.

I suspect that the family's lawyer is focusing upon the allegedly conflicting statements to create a dispute about a material fact (i.e. the possible willfulness of negligence) as a way to skirt summary judgment (i.e. an adverse ruling from the judge that effectively dismisses the case). If they can get past summary judgment and get the case set for a jury trial their settlement leverage is definitely increased. Just my take on things.
-Tom


I also wonder if timing has to do with start of a new season. My bet is that they're banking on Vail Resort wanting to avoid bad press and agreeing to settle out of court.

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Re: Update on Vail inbouds skier death: Denver Post article

Postby hansolo35 » Thu Oct 10, 2013 3:04 pm

As most skiers/riders are aware, this kind of litigation hurts all of us in the end. Whether it be higher tix prices, more closed areas or areas that take alot longer to open on a powder day because resorts are rightfully nervous of accidents occurring and they don't want the liability.

These lawsuits really annoy and concern me. This family obviously spent alot of money to get their kid to "expert" status over the years and thus should be aware that skiing is an inheritently dangerous sport. This family ( and any family who sue ski areas) should be banned from any ski resort as well as their lawyers. If I'm a resort owner, (and I wish I was!!!), I wouldn't want them skiing at my area.

Their loss is regretful, but their son played a part as did bad luck with Mother Nature. Now if vail lied about some stuff then they should be punished for trying to deceive, but generally people who sue ski areas suuuuuuck! The only valid lawsuit I can see is if I got ran over by a snowcat on a clear sunny day! Otherwise there's all kinds of risks associated with skiing and we all choose to enjoy the sport knowing that.

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Re: Update on Vail inbouds skier death: Denver Post article

Postby ColoradoEd » Thu Oct 10, 2013 3:52 pm

FYI - Liability waivers only apply to adults, not someone under 18 (even is the parent signs it).
I'm a PI lawyer and have filed suit against ski areas in the past (I guess I suck).
Let me assure you, these are very difficult and expensive claims to pursue and no lawyer files one unless there is some serious merit to it.

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Re: Update on Vail inbouds skier death: Denver Post article

Postby 13ers » Thu Oct 10, 2013 4:32 pm

As a human being, you may or may not suck. But you're certainly part of the reason lift tickets are so expensive and ski patrollers are so annoying. :thefinger:
Will belay for free.

Re: Update on Vail inbouds skier death: Denver Post article

Postby alpinenut » Thu Oct 10, 2013 6:45 pm

When I was a teenager I cut back "behind" not "under" a rope at Loveland, started a slide, luckily no one was hurt. The ski patrol busted my @$$ and tried to throw me in jail. My mom was nice enough to come bail me out. I knew what I was doing. Lesson learned- Don't do this!! It's a very bad idea. Terrain is closed for a reason. Ski patrol know we want the whole mountain open. I'm very sorry to the family who lost their son. I have kids of my own so I can imagine how horrible they must feel.

Re: Update on Vail inbouds skier death: Denver Post article

Postby sstratta » Thu Oct 10, 2013 6:53 pm

I just wanna point out that there are a lot of details that are missing from this article, so people really shouldn't be jumping to conclusions based on just what the Denver Post says. For example, it was snowing very hard that morning, so the ski cut tracks made by the patrollers would've filled in rapidly even after just half an hour. Also, there are a lot of factors that go into deciding whether or not to throw bombs on a certain slope, so just because the patrollers on that route didn't throw bombs doesn't mean they were irresponsible. There were, however, reasons to keep that area closed, which the patrollers did. As previously discussed, that area was closed with the assumption that no one would go through the open gate and hike uphill (this is the assumption for most closed areas at most resorts), it was just unfortunate that Taft decided to do so given the conditions at the time.

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Re: Update on Vail inbouds skier death: Denver Post article

Postby gdthomas » Thu Oct 10, 2013 9:57 pm

The only conclusion I'm going to jump to is this: Billy Mattison is no liar.

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Re: Update on Vail inbouds skier death: Denver Post article

Postby uwe » Fri Oct 11, 2013 8:37 am

13ers wrote:Re: Update on Vail inbouds skier death: Denver Post article
by 13ers » Thu Oct 10, 2013 4:32 pm

As a human being, you may or may not suck. But you're certainly part of the reason lift tickets are so expensive and ski patrollers are so annoying.


Hey Mr. 13'er - there is no place for you at the 14ers.com table with stupid, rude comments/gestures like that. Getting personal and laying an ignorant crude generalization on a 14er.com member who is simply expressing opinion. What is your point exactly? It is this type of crap that has good folks leaving 14ers.com. Showing some class and apologizing would be appropriate.

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Re: Update on Vail inbouds skier death: Denver Post article

Postby 13ers » Fri Oct 11, 2013 9:37 am

Wow, some people just can't take a joke. I thought I made a light-hearted reply, but apparently someone felt I was making a personal attack. ColoradoEd, I apologize if I offended you. If I did, you shouldn't take yourself so seriously, and you should grow thicker skin. Before deleting my 14ers.com account, I'm going to leave you all with a gem, "Arguing on the Internet is like competing in the Special Olympics. Even if you win, you're still retarded."
Last edited by 13ers on Fri Oct 11, 2013 10:01 am, edited 1 time in total.
Will belay for free.

Re: Update on Vail inbouds skier death: Denver Post article

Postby Somewhat of a Prick » Fri Oct 11, 2013 9:38 am

13ers wrote:Wow, some people just can't take a joke. I thought I made a light-hearted reply, but apparently someone felt I was making a personal attack. ColoradoEd, I apologize if I offended you. If I did, you shouldn't take yourself so seriously, and you should grow thicker skin. Before deleting my 14ers.com account, I'm going to leave you all with a gem, "Arguing on the Internet is like competing in the Special Olympics. Even if you win, you're still retarted."


I took it as a light-hearted reply with no offense meant. But then again, I can be a prick. :oops:

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Re: Update on Vail inbouds skier death: Denver Post article

Postby ColoradoEd » Fri Oct 11, 2013 10:21 am

Don't worry, I've got thick skin. On the other hand, I feel compelled to chime in to defend individuals who are injured due to the alleged negligence of someone else. The corporate-insurance industrial complex has and spends unlimited amounts of money to advance their desires to limit accountability. On the other hand, no one really cares about the injured, unless you happen to have been through it yourself. Watch the documentary "Hot Coffee" which is about the famous McDonald's coffee case and you will see how twisted the public's perception has become of this case. Jackpot justice is a myth, as is the belief that limiting access to the legal system will lower lift ticket prices or solve our health insurance problems. {end of rant}

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