Kougasian

MEMORANDUM **

This case arises out of a skiing accident that occurred on December 21, 1997. While the facts and procedure are known to the parties and will not be repeated extensively here, a brief summation of the procedural posture is warranted. The case before us is Appellants’ fourth lawsuit arising from the accident. The first suit (“Kougasian I”) for wrongful death, negligent and intentional infliction of emotional distress and spoliation of evidence was dismissed by the California Superior Court on a summary judgment motion in 1999. The California Court of Appeal unanimously affirmed and the California Supreme Court declined to review the case. While the first lawsuit was pending, Appellants filed a second lawsuit (“Kougasian II”) for survivorship, wrongful death, intentional and negligent infliction of emotional distress and spoliation of evidence again in the California Superior Court. The court granted defendant’s demurrer and dismissed the complaint. The Court of Appeal unanimously affirmed in April 2003.

Appellants, however, did not stop there. They filed a third suit (“Kougasian III”) in U.S. District Court against the United States under the Federal Tort Claims…