Paraplegia

Snowboard jump: Ramp angle at takeoff too steep: Dangerously configured landing area: Paraplegia: Verdict.

Vine ro. Bear Valley Ski Co., Cal., San Francisco County Super. Ct., No. 317766, July 12, 2002.

A ski resort constructed a snowboard jump for its employees to use at a post-season party. The jump had a flat, "tabletop" area between the takeoff ramp and the landing area. While attempting a jump, Vine, 27, flipped upside down and landed on her back on the tabletop area. She suffered a spinal fracture, resulting in paraplegia, and fractured ribs. Her future medical expenses are expected to total $5.1 million. Formerly a cash room supervisor, her past and future lost earnings are estimated at $900,000.

Vine sued the ski resort, alleging the jump was dangerously designed in that the angle of the ramp at the point of takeoff was too steep. Additionally, plaintiff claimed the tabletop area was dangerous because it sloped uphill rather than down, increasing the force on impact. Finally, plaintiff alleged defendant failed to adequately test the jump before opening it to employees.

The trial court rejected defendant's argument that plaintiff's exclusive remedy was workers' compensation and refused defendant's requested jury instruction on assumption of the risk. At trial, defendant contended the condition of the jump had been obvious.

The jury awarded $4.44 million, reduced to about $2.02 million based on plaintiffs comparative fault. Finding the jury's award for pain and suffering inadequate, the trial court ordered that approximately $5.29 million be added to the award.

Plaintiff's experts included Helge Lien, resort security, Lancaster, Pa.; Lawrence J. Deneen, vocational rehabilitation, Grass Valley, Cal.; Karen M. Preson, life care planning, Sacramento, Cal.; Alex Barchuk, physiatry, Kentfield, Cal.; and John Kockelman, snow and winter sports, Davis, Cal.

Defendant's experts were Gregory W. Sells, vocational rehabilitation, Sacramento, Cal.; Lucien L. Trigiano, physiatry, Las Vegas, Nev.; Chris Gunnarson, snow and winter sports, Big Bear Lake, Cal.; John Rice, sports facilities, Tahoe City, Cal.; and Jerald Udinsky, economics, Berkeley, Cal.

Plaintiff's Counsel

*Michael S. Danko,

*Niall G. Yamane, and

Gary Simms, all of San Mateo, Cal.

Copyright Association of Trial Lawyers of America Apr 2003
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