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Cathy Peck v. Vail Associates, Inc., a Colorado Corporation

Citations: 46 F.3d 1151; 1995 U.S. App. LEXIS 6953; 1995 WL 18278Docket: 94-1015

Court: Court of Appeals for the Tenth Circuit; January 17, 1995; Federal Appellate Court

Narrative Opinion Summary

In this case, a plaintiff filed a diversity action against a ski resort operator following injuries sustained when she tripped over safety cones at the chairlift exit. The core legal issue involved the application of the Colorado Ski Safety Act, which limits liability for certain inherent risks associated with skiing. The district court granted summary judgment for the defendant, ruling that the plaintiff's injuries arose from inherent skiing risks, specifically the placement of safety cones, which were not actionable under the statute. The plaintiff appealed, arguing that the cones constituted negligence. The Tenth Circuit Court of Appeals reviewed the summary judgment de novo and affirmed the lower court's decision. It held that the injury was not caused by the ski lift's operation or use, but rather by an inherent risk similar to other static obstacles in skiing environments, thus exempting the defendant from liability under the Act. The appellate court's decision was based on the written briefs, without oral argument, and reinforced the district court's interpretation of the Ski Safety Act's limitations on liability.

Legal Issues Addressed

Inherent Risks in Skiing

Application: The court found that safety cones at the chairlift exit were an inherent risk of skiing, analogous to fences or signs, and thus not actionable under the Ski Safety Act.

Reasoning: Instead, the court categorized the safety cones as inherent dangers associated with skiing, similar to fences or signs, thereby upholding the district court's ruling that her claim was precluded by the Act.

Negligence and the Colorado Ski Safety Act

Application: The court applied the Colorado Ski Safety Act to determine that the plaintiff's injuries, caused by tripping over safety cones, were inherent risks of skiing and thus not subject to negligence claims.

Reasoning: The district court granted summary judgment in favor of Vail Associates, determining that Peck's injuries were a result of inherent skiing risks, thus barred by the Colorado Ski Safety Act (Colo.Rev.Stat. 33-44-101 to -114).

Operation of Ski Lifts and Liability

Application: The court held that the plaintiff's injury was not caused by the operation or use of the ski lift, which would have allowed for a liability claim under the Ski Safety Act.

Reasoning: The court noted that while the Ski Safety Act allows for liability claims related to the 'use or operation of ski lifts,' the evidence did not support that her injury was caused by the lift's operation.

Summary Judgment Review Standard

Application: The appellate court conducted a de novo review of the summary judgment, affirming the lower court's decision after examining the uncontested facts of the case.

Reasoning: On appeal, the Tenth Circuit reviewed the summary judgment de novo, affirming the lower court's decision.