How We Have Helped
SKI ACCIDENTS
- $8.3 Million Verdict for Minor Suffering Traumatic Brain Injury
- $6.1 Million for Fireman After Plunge Over Open Edge of Ski Run
- Minor Snowboarding Recklessly Collides With Stationary Skier
- Breckenridge Lift Operator Negligent
WRONGFUL DEATH
DEFECTIVE PRODUCT
- Defective Design Results in Traumatic Amputation of Arm
- Near-Amputation of Hand by Faulty Lab Equipment
SKI ACCIDENTS
$8.3 Million Verdict for Minor Suffering Traumatic Brain Injury
A 17 year-old skier was night skiing down Eagle's Swoop, an open intermediate slope at Wintergreen ski resort in Nelson County, Virginia. On the night of the accident, a snow groomer emerged from the tree line on skier's left of Eagle's Swoop, pivoted uphill, and then began driving about 300' straight uphill close to the tree line, and against the direction of skier traffic, while the ski run was open to the skiing public. Client came over the crest of the pitch up which the snow groomer was ascending. She avoided the escorting snowmobile, lost control, fell and slid at high speed about 90' into the blade of the groomer. She sustained a comminuted fracture to her left humerus, fracture of her left elbow, and a non-displaced pelvic fracture. She also sustained a severe right frontal skull fracture. She went into respiratory arrest at the scene, was resuscitated by the patroller who had been riding the snow mobile. She was evacuated by helicopter to the trauma center. Her orthopedic injuries resolved, but her skull fracture resulted in a permanent brain injury with extensive loss of function.
Plaintiff contended that the policy of bringing the groomer out into the slope, through a break in the tree line, pivoting uphill, and then driving the groomer uphill against skier traffic was unreasonably dangerous. Moreover, there was a blind area where the groomer was moving; from uphill, as she descended, skier's visibility of the run on which the groomer was moving was either obscured or partially obscured. The ski area operator specifically approved the policy of moving groomers open slopes with an escorting snow mobile but prohibiting actual grooming on open ski slopes. The case was tried in Circuit Court for the County of Albemarle, Virginia.
The jury awarded $8.3 million. The Supreme Court of Virginia dismissed the Defendant's Petition of Appeal on July 7, 2005. Jim Chalat co-counseled the case with Bryan Slaughter of Michie Hamlett Lowry Rasmussen & Tweel, Charlottesville, Virginia.
$6.1 Million for Fireman After Plunge Over Open Edge of Ski Run
Client suffered disabling brain damage in a skiing accident on a ski trail maintained at a ski area near Harrisonburg, Virginia by Massanutten Ski Resort.
His brain injuries are totally disabling, requiring full time institutionalization. Hoar suffers permanent and profound physical, mental and psychological deficits. He is confined to a wheelchair, and suffers uncontrollable bouts of frustration and anger. His intellectual capacity is severely limited. He communicates with simple notes, and he can manage no more than a game of BINGO.
Massanutten Mountain forms a ridge, east of the Shenandoah Mountains. Massanutten Ski Resort has a peak elevation of about 2900 ft., msl. It has 11 slopes, 8 lighted, a quad chairlift, and over 1,110 feet of vertical drop. Slopes are typically open from mid-December until mid-March, with 100% snow-making capacity. Its longest two runs are both man-made, the 3,400-foot Diamond Jim and the 4,100-foot ParaDice. Using the cut and fill construction method, both of these were completed by Massanutten in late 1991. Fireman's accident occurred on Diamond Jim, just two days after it had opened to the public.
In a motion for judgment alleging negligence on the part of Massanutten, Fireman's wife sought recovery of damages for his injuries. A jury returned a verdict in the Fireman's favor in the amount of $6,170,563.00. The Jury determined no contributory negligence, and no assumption of risk. Upon motion of Massanutten, the trial court set the verdict aside and entered judgment in favor of Massanutten.
The trial judge determined that there was insufficient evidence to support the verdict, giving credence to defendant's contention that the result was merely a "sympathy verdict." We filed a petition for writ of certorari to the Supreme Court of Virginia. The writ was granted. The Court reversed the judgment nov, and reinstated the verdict.
Minor Snowboarding Recklessly Collides With Stationary Skier
C.D. and others in her family were standing in open sight on the Sugar N' Spice trail, at the Sierra at Tahoe ski resort. Along that trail, uphill from the site of this accident, there were numerous "slow" signs and "slow ski/slide zone" signs advising skiers and riders to proceed slowly along that run. Defendant, P.K., chose to ride his snowboard at a very high rate of speed down Sugar and Spice, he executed a jump and collided with C.D. at a very high rate of speed, knocking her to the ground, rendering her unconscious, and inflicting a traumatic brain injury. The defendant admitted in writing, both in his Collision Statement and his deposition that he was "going pretty fast." This despite the clear markings on the slope and on the map that "Sugar N' Spice" is a Slow Ski Area, and is designated by signs at the top of the Grandview Express as the "Easiest Way Down."
P.K. was a season pass holder, at Sierra-at Tahoe. He testified that he had previously snow boarded at Sierra-at-Tahoe during the 2004-2005 season "five or six" times prior to the accident. Following the incident, and before patrol arrived, a witness reported that P.K. left the scene. Counsel for plaintiff effectively argued that flight is an indication of guilt. Patrollers reported that Ms. Dinh was unconscious and unresponsive during the entire evacuation.
After immobilizing C.D., and transporting her on a snow cat, Sierra-at-Tahoe transferred her via helicopter to Washoe Medical Center. There, she was diagnosed with a severe closed head injury, sub-arachnoid hemorrhage-right, sub-dural hemorrhage on left causing a 5 mm shift, left to right. She also sustained a Level III liver injury. She was maintained on respiratory support in ICU for 36 hours, and was extubated after 72 hours. She was transferred to a facility closer to her family, then admitted to rehabilitation unit for fifteen days. Ultimately, she was discharged with a diagnosis of traumatic brain injury and cognitive deficits secondary to the t.b.i. The total billings for the evacuation, and hospital treatment were $235,088.77.
On May 5, 2005, counsel for C.D. filed the action in California. In July, 2006, the case settled for $700,000.00.
Breckenridge Lift Operator Negligent
This lift accident took place on the Saturday of Thanksgiving weekend, 2006. According to the incident reports the accident took place at 11:45 am, at the top terminal, on the unloading ramp of the Quicksilver ski lift. Loading ramps are integral to the safe operation of the chairlift per ASTM standards, which are incorporated into the per se standards of negligence by the Colorado Ski Act. C.R.S. §33-44-104
Prior to Plaintiff's chair unloading, a snowboarder fell on the unloading ramp, directly in the path of where she was to unload. As Plaintiff's chair reached the "unload here" point, the lift attendant was standing to the right of the snowboarder, assisting her up and off of the ramp. The time interval between the chairs is about six seconds, and the stopping distance of the chair would permit the chair to be stopped within that period. Further, the lift can be stopped or slowed at the touch of a button, it is not something that only happens in an "emergency," and in fact it is customarily stopped or slowed several times per day for any number of different reasons. Yet, in this instance, and despite the presence of a lift attendant at the control box, the lift was not stopped or slowed. As such, Plaintiff was forced to unload the chair with the fallen snowboarder and the lift attendant in her path. Her ski became entangled with the snowboarder, and she fell. The fall severely injured her knee.
Because of the lift accident, Plaintiff sustained severe injuries to her left knee, including a total rupture of her left anterior cruciate ligament, a second degree tear of her left medial cruciate ligament, an associated left patellar subluxation/dislocation, and significant posterior lateral bone bruising. Her anterior cruciate ligament had to be completely reconstructed using bone and tendon grafts and she underwent extensive physical therapy. Plaintiff's economic loss is comprised of approximately $70,000.00 in medical expenses.
In Colorado, a ski lift operator is required to "exercise the highest degree of care commensurate with the practical operation of the ski lift." Here, the standard for practical operation of the Quicksilver lift is well-established by the Breckenridge Lift Operations Manual. The matter settled just weeks before the jury trial was scheduled to begin for a confidential amount.
WRONGFUL DEATH
Utility Truck Kills Grandmother
On the clear and sunny afternoon of December 28, 2000, Mrs. Sandra McClellan was driving her 1992 Jeep Cherokee northbound on Colorado 287 in Boulder County, Colorado. At approximately the same time, Mr. John Pennie was driving a 1999 Ford F-550 utility truck southbound on Colorado 287. Mr. Pennie was driving the utility truck as part of his duties as an employee of Young Electric Sign Company (YESCO.)
Mr. Pennie attempted to make a left hand turn onto eastbound Colorado 52 directly into the path of travel of Mrs. McClellan, without yielding the right of way to Mrs. McClellan, and collided into Mrs. McClellan's vehicle. Mrs. McClellan was trapped inside her vehicle after the impact. Paramedics responded to the scene, extracted her from the vehicle, and had her airlifted to a local trauma hospital.
Mrs. McClellan essentially experienced a crushing of her left side which resulted in coma followed by repeated surgeries and blindness in one eye. She ultimately died of her injuries on February 19, 2001. Mrs. McClellan was 60, a mother and grandmother, and an employee of 14 years at Call Connect where she worked as a physician-referral counselor.
Howard McClellan, her husband of 25 years, pursued a wrongful death claim against Mr. Pennie and YESCO. The actual damages in the case were about $1.2M. The claim was settled for a confidential amount in May of 2001.
Wrongful Death Claim for Son Electrocuted on the Job
Tina Mays brought a lawsuit against Knight Light, Inc. ("Knight Light") for the wrongful death of her 28 year old son, Gerard "Jerry" Mitchell, who was electrocuted when he came into contact with a 277 volt energized circuit. Knight Light hired Jerry as an independent contractor to remove existing electrical ballasts in lighting fixtures on the fourth floor of the Texaco Building, and replace them with new, energy efficient ballasts.
Jerry Mitchell was not an electrician. Knight Light knew this. Knight Light did not provide any personal protective equipment (PPE) to Jerry and falsely intimated to him that the power to the emergency lighting could not be turned off, and that Jerry would have to work on the emergency lighting "live". Knight Light considered it an "acceptable risk" to have Jerry Mitchell and the other independent contractors work on the live, energized 277 volt wires. From a legal perspective, this made Jerry's work inherently dangerous and, therefore, Knight Light legally responsible for Jerry's death. Huddleston v. Union Rural Electric Association, 841 P.2d 282 (CO 1992).
Knight Light could not escape liability by claiming that Jerry Mitchell's own negligence caused his death. Even though Knight Light hired Jerry Mitchell as an independent contractor, Knight Light was liable because engaging in an inherently dangerous activity (as this was) brings the action within the exception to the normal rule that an employer of an independent contractor is not liable for injuries resulting from the negligence of the contractor. Huddleston, supra.
Ms. Mays ultimately settled her wrongful death claim for $175,000.00.
DEFECTIVE PRODUCT
Defective Design Results in Traumatic Amputation of Arm
J.R., a 27 year old lift mechanic at a Colorado ski resort, suffered the traumatic amputation of his right arm while working. The basis of the claim was strict liability for manufacturing defect and design defects in the conveyor type ski lift manufactured by the defendant Magic Carpet Ski Lifts, Inc. The precise nature of the manufacturing defect was an in-running nip point created by the improper rotation of a brush under the conveyor, into which Mr. Fearneyhough's right arm was drawn while working on the lift.
On the day of the accident, Copper was getting one of its best snowfalls of the year. The area was busy. A class of beginners was anxiously awaiting the opening of the Easy Rider, after lunch. JR had been assigned the Easy Rider, and was cleaning snow off the lift, and out from under it. As was the practice with other mechanics, the lift was run to mechanically sweep snow off the belt. As the snow accumulated in the headset, JR would shovel it out. He then went to adjust the position of the heater, with the lift running and reached in to position it under the snow deposit. His arm was then drawn into the in-running nip point formed by the brush and the belt, he was trapped, he was alone, he was being murdered by the machine. He was able to reach his radio and attract help, other mechanics responded, and turned off the machine. His right arm was degloved, and later amputated just below the elbow.
The lift was constructed so as to allow the snowbrush to rotate either opposite to the conveyor belt, or in the same direction as the travel of the belt. The wiring of the conveyor motor determined the direction of rotation, and this design created a unique manufacturing defect in the Easy Rider. If the design had required that the brush be wired to rotate in the opposite direction, throwing snow uphill, J.R. simply would not have had his arm drawn in between the belt and brush.
At the time of trial, J.R. had incurred $189,201.90 in past medical bills. His income losses, and future medical losses totaled an additional $778,200.00. During the trial, the parties reached a confidential settlement.
Near-Amputation of Hand by Faulty Lab Equipment
Settlement for a 32 year-old lab technician who suffered a fractured wrist and severed tendon when an animal cage cleaner lift fell on her dominant hand, requiring surgery and resulting in a 9 per cent whole body impairment rating.
Suit against the machine manufacturer alleged the washer was defective because (1) an unguarded pinch point existed between the lift and the front of the machine, (2) the lift could drop uncontrollably under certain conditions, and (3) no interlocking mechanism was installed on the door to prevent users from opening it when the lift was not in a secure position.
Worker's employer, University of Colorado Health Sciences Center, joined the suit to recover for medical benefits and worker's compensation benefits paid to worker and for the cost of the cage washer, claiming that the unit was so unsafe as to be unusable.
MTP Custom Machines, a New York manufacturer of industrial and laboratory wash equipment, settled with all parties for $325,000.00.
