Towns

The trial court granted the defendants' motion for summary judgment, concluding the doctrine of primary assumption of risk barred plaintiff from recovering damages for injuries she suffered when a ski resort employee collided with her while both were skiing. We affirm.

In March 2002, defendant Herbert J. Davidson (Davidson) was employed by defendant Mammoth Mountain Ski Area (Mammoth) as a ski host manager. Part of his job duties included skiing the slopes, checking with other ski hosts on the hill, and talking to the guests. He also was allowed to ski one or two runs during the day, and on occasion could do so with a spouse, relative or friend. At those times, he would still be on duty as a ski host and would be wearing a Mammoth uniform. Mammoth's policy manual for hosts, the Host Manual, required him to "always ski as a Host" when in uniform, and "to look out for the safety of our fellow employees and guests on and off the Hill."

On March 4,2002, plaintiff Karen Towns was skiing down Stump Alley, a ski run at Mammoth. The ski traffic was light, the weather was beautiful, and visibility was "perfect." Plaintiff was skiing down the skier's left side of Stump…