Collins
Collins v. Schweitzer, Inc.
Opinion
Dissenting Opinion
Leavy, J.
dissenting:
Schweitzer contracted with World Wide Ski Corporation to allow Schweitzer to hold NASTAR 1 amateur ski races at its ski resort near Sandpoint, Idaho. Schweitzer employees ran the NASTAR program and set up the course for the race. For several years prior to the accident in question, Schweitzer set the dual format race course 2 with the finish lines in an open area to the right of the lift tower. However, for the race in which the accident happened, Schweitzer placed the finish fine to the left and above the lift tow *1496 er. 3 The tower was approximately 125 feet below the finish line. When two skiers were finishing the dual race, the skier on the left would turn to the left, while the skier on the right would turn to the right and be directly uphill from the tower at some point in the turn.
Although the NASTAR regulations specifically warn against the' danger of a steep finish, 4 Schweitzer had placed the new finish line in an area where the slope was steeper, rather than flatter, making the right lane even more dangerous with its position above the tower.
Padding on the tower was two to four inches thick and four feet high. This padding was installed on the tower…
Lead Opinion
Brunetti, J.
Opinion by Judge BRUNETTI; Dissent by Judge LEAVY
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
Appellee Schweitzer, Inc. (“Schweitzer”) is an Idaho corporation which operates the Schweitzer Mountain Resort ski area in northern Idaho. Appellee World Wide Ski Corp. (“NASTAR”) is a Colorado corporation which promotes amateur ski racing around the country by providing ski areas with a package program for staging races and by keeping a central database of skier times.
At the time of his accident, Collins was an Idaho resident (though he is now a Washington resident) and an expert skier. He had a season ski pass to the Schweitzer Mountain Resort. He was an experienced amateur racer, having competed in dozens of NAS-TAR races and been a top-ranked skier in the Northwest in his age group.