STATUTE OF LIMITATIONS: Gravamen of knife attack allegations is a claim for tort of assault subject to 2-year statute, not purported 3-year statute for “negligence with willful & wanton misconduct”… dismissed as untimely… H. Brown. [Read more…]
Negligence, crash over concrete barriers
NEGLIGENCE: Plaintiff injured in crash over concrete barriers on steep road failed to establish breach of duties by City, County, or State to properly place, install, maintain barriers… Todd affirmed. [Read more…]
Skier responsibility, snow-obscured rock
SKIER RESPONSIBILITY: Skier who hit obscured rock in low snow conditions required to accept responsibility for injuries resulting from inherent dangers & risks… summary judgment for resort after previous denial of motion to dismiss… Christensen. [Read more…]
Ski area operator liability, boulder field crash
SKI AREA OPERATOR LIABILITY: Failure to warn/negligence claims by skier injured in crash into boulder field obscured by unmarked cat track survive summary judgment notwithstanding statutory definition of “inherent dangers and risks of skiing”… Christensen. [Read more…]
Negligence, CO poisoning, defense verdict
NEGLIGENCE: Equal protection challenge to §39-71-413(2) comp exclusivity vicarious liability shield as to corporations and related instructions mooted by defense verdict as to owner/managers in CO poisoning case… evidence of cause of [Read more…]