Plaintiff's Ski Collision Claim Goes Downhill
Obtained summary judgment in a skiing collision case, successfully arguing that the plaintiff assumed the risk of his injury by engaging in the sport of downhill skiing. The plaintiff, a ski instructor, claimed that while he was skiing on a lower trail, our client was recklessly skiing at an excessive speed down an upper trail when the two collided. There was no evidence that our client was skiing recklessly or speeding just prior to the collision. Consistent with the Pennsylvania Skier’s Responsibility Act, the court agreed that the plaintiff assumed the risk of his injury given that he was engaged in the sport of downhill skiing and that colliding with another skier is an inherent risk of the sport.