He also stated that, in his opinion, and in the opinion of others with whom he had skied, falling down a 40-50 foot ravine is not an inherent risk of skiing. In response to Vail's motion for summary judgment here, plaintiff submitted his own affidavit, in which he stated that he had been skiing for twenty-two years, identified the run he was skiing on when he fell, described the ravine, and indicated that there were no
In reviewing the propriety of a summary judgment, an appellate court must apply the principle that the moving party has the burden of establishing the lack of a triable factual issue, and all doubts as to the existence of such an issue must be resolved against the moving party. A material fact is a fact that will affect the outcome of the case. Summary judgment is a drastic remedy and should be granted only if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.
#Graven and associates trial#
The purpose of summary judgment is to permit the parties "to pierce the formal allegations of the pleadings and save the time and expense connected with trial when, as a matter of law, based on undisputed facts, one party could not prevail." Peterson v. Plaintiff first contends that the trial court erred in granting Vail's motion for summary judgment. The trial court granted the motion for summary judgment and awarded Vail costs pursuant to § 13-17-202(1)(a)(II). 6A), offering to settle the case for one dollar. On the same day that Vail filed its motion for summary judgment, it sent plaintiff a written offer of settlement pursuant to § 13-17-202(1)(a)(II), C.R.S. Vail filed a motion for summary judgment in which it argued that plaintiff's claim was barred by the Colorado Ski Safety Act. Plaintiff claimed that Vail, as operator of the ski area, had negligently failed to post signs warning skiers of the "ravine." In his complaint, plaintiff alleged that, while skiing at Vail, Colorado, on April 3, 1992, he was coming to a stop at the side of an intermediate ski run when he encountered "slushy snow and lost his edges, fell down, slipped several feet, then plunged forty-fifty feet down an unmarked steep ravine" and collided with a cluster of trees. Graven, appeals from a summary judgment entered in favor of defendant, Vail Associates, Inc. In this action to recover damages for injuries sustained in a skiing accident, plaintiff, David E. VAIL ASSOCIATES, INC., Defendant-Appellee.
0 kommentar(er)
