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Parminter and Lee Secure Summary Judgment for Ski Resort in Traumatic Brain Injury Case

April 20, 2020

Steve Parminter (Partner-Los Angeles) and Greg Lee (Partner-Los Angeles) successfully defended a well-known ski resort against a lawsuit brought by a snowboarder alleging traumatic brain injuries after an accident in the terrain park. The snowboarder had used a jump feature and fallen after colliding with the rescue sled of a ski patroller who was conducting an active rescue on the backside of the jump. Steve and Greg moved for summary judgment arguing that the accident was caused by inherent risks in the sport of snowboarding and that the lawsuit was thus barred by the doctrine of primary assumption of risk. In the alternative, they argued that the liability waiver signed by the snowboarder as part of his season pass agreement was valid and enforceable, that the evidence was insufficient to support a finding of gross negligence, and that the lawsuit was thus barred by the doctrine of express assumption of the risk. In a detailed ruling, the trial court rejected the numerous arguments raised on behalf the snowboarder and granted summary judgment in favor of the ski resort pursuant to both the primary assumption of risk and the express assumption of the risk defenses.

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