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Negligent failure to control youthful skiers - Plaintiff p 7 3 allegedly struck by three skiers - Liability only.

Middlesex County

The 48-year-old male plaintiff contended that the defendant ski area located in Pennsylvania, which was hosting ________ Boy Scouts over the weekend, negligently permitted many of the youthful participants to ski wildly and out of bounds, resulting in his being struck by three of the scouts at virtually the same time.

The plaintiff indicated that when he visited the ski area with his eight-year-old son on Saturday, he observed many of the scouts skiing too rapidly and out of control and testified that he complained to the ski patrol. The plaintiff maintained that he returned on Sunday and that the behavior had not improved. The plaintiff contended that he left a more advanced slope because of the out of control skiing and ventured to an easier slope because he believed it would be safer. The plaintiff contended that shortly after he stopped at a point the beginner slope intersected with the intermediate slope, he was struck by three skiers simultaneously.

The case was tried under Pennsylvania law and the defendant contended that under Pennsylvania law, the plaintiff is deemed to assume the risks inherent in skiing, including collisions with other skiers. The defendant also stressed that the jury should consider that although the plaintiff described dangerous conditions on Saturday, he nonetheless returned on Sunday with his eight-year-old son. The defendant further pointed out that the plaintiff had 40 years of skiing experience and was aware that skiing collisions are known to occur. The plaintiff contended that the risks were heightened by the lack of supervision and out of control skiing. The defendant argued that the jury should consider that the plaintiff continued to ski despite the alleged observations of out of control youthful skiers.

The jury found that the defendant was causally negligent, but that the plaintiff had assumed the risk and a defense verdict was entered.

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