Van Dyke v. S.K.I. Ltd.
Opinion
Opinion
Wallin, J.
John M. Van Dyke appeals the judgment entered against him after the trial court granted summary judgment in favor of S.K.I. Ltd. and Killington West Ltd. (collectively Bear Mountain) and denied his motion for summary adjudication. He contends he showed triable issues of facts as to assumption of risk and S.K.I. Ltd.’s owner/operator status at the ski area where he was injured. We reverse with directions.
On Ms first trip to the Bear Mountain Ski Resort, Van Dyke skied with tMee friends.* He was an experienced skier, having skied about 25 to 35 times in the preceding 5 years. He rated Mmself as an upper intermediate to lower advanced skier. He understood skiing involved risk, that it was not injury free. He knew a skier must ski under control, wMch means being able to stop before coming into contact with hazards one can see.
The four men began skiing about 10:30 a.m. The weather was warm, sunny and clear. Their first run of the day was down the “Showtime” run, wMch is accessed by chair lift No. 1. Showtime is a “most difficult” run, designed for advanced skiers. The run was open and clear, with few other skiers and no moguls.