Case Description:

Wintergreen skier injured as a result of ski lift operator negligence

Court/Date:

Nelson County, Virginia, 2003

Facts:

At the Wintergreen ski resort in Nelson County, Virginia, my client was waiting to get on the ski lift.  As the triple chair ski lift came up behind her, Wintergreen ski resort employees allowed a snowboarder to move forward.  The triple chair ski lift struck the snowboarder and pushed him into my client.  She suffered severe knee injuries which required surgery.  Incredibly, she was back to work within two weeks and has also resumed skiing.

Wintergreen ski resort refused to pay my client’s medical bills and argued that she assumed the risk of all accidents because skiing is a dangerous sport.  Wintergreen never made a settlement offer before trial and refused to accept any liability for my client’s injuries.

Trial:

Francis Hajek proved through the testimony of Wintergreen’s own corporate representative that waiting for a ski lift chair was not a risk associated with downhill skiing and so the trial judge did not permit the defense of assumption of risk.

Verdict/Settlement:

The jury returned a verdict in favor of our client in the amount of $150,000.00, plus interest and costs.