Collins v. Schweitzer, Inc.

21 F.3d 1491 Michael C. COLLINS, Leslie Collins, Mark Vovos as guardian ad litem for Barbara Collins, Plaintiffs-Appellants, v. SCHWEITZER, INC., World Wide Ski Corp., dba NASTAR, Riblet Tramway Company, Defendants-Appellees. No. 91-36183. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1993. Decided April 26, 1994. Hollis H. Barnett, Campbell, Dille & Barnett, Puyallup, Washington, for plaintiffs-appellants. Peter C. Erbland, Paine, Hamblen, Coffin, Brooke & Miller, Coer D'Alene, ID, for defendants-appellees. Appeal from the United States District Court for the District of Idaho. Before: BRUNETTI, LEAVY, and TROTT, Circuit Judges. Opinion by Judge BRUNETTI; Dissent by Judge LEAVY BRUNETTI, Circuit Judge: 1 Appellants Michael Collins and his two daughters appeal the district court's grant of appellees' motion for summary judgment. Collins, who became a quadriplegic after falling and breaking his neck on a ski lift tower, brought a diversity action for personal injury based on the alleged negligent operation of the race course by appellees Schweitzer, Inc. and World Wide Ski Corp. We affirm. I. Facts and Proceedings Below 2 Appellee Schweitzer,…