Squaw Valley Ski Corp. v. Superior Court

In this writ proceeding, we address two issues of first impression in California: whether a ski resort chair lift facility is a “common carrier” as defined in Civil Code section 2168; and whether Public Utilities Code section 212, subdivision (c), which explicitly excludes ski lift facilities from a separate definition of “common carrier” used for the purpose of Public Utilities Commission regulation and supervision (Pub. Util. Code, §§ 211,216), also exempts a chair lift operator from Civil Code section 2168 common carrier status for the purpose of tort liability.

The questions are significant because, if a chair lift operator is a common carrier for tort liability, it is held to a standard of care higher than that of ordinary, reasonable care. (Civ. Code, § 2100.)

As we shall explain, the trial court properly held that, in operating its chair lift facilities, Squaw Valley is a common carrier within the meaning of Civil Code section 2168 for the purpose of tort liability and that Public Utilities Code section 212, subdivision (c), does not exempt Squaw Valley from this status.

Facts and Procedural History

In April 1986, Patricia George Bowles (plaintiff), an…