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Brigance v. Vail Summit Resorts, Inc.

883 F.3d 1243 (2018)

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Brigance v. Vail Summit Resorts, Inc.

United States Court of Appeals for the Tenth Circuit
883 F.3d 1243 (2018)

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Facts

Teresa Brigance (plaintiff) sued Vail Summit Resorts, Inc. (VSRI) (defendant) for negligence. Brigance alleged that the inadequate instruction provided by her ski instructor, the chairlift operator’s failure to stop the chairlift, and VSRI’s deficient hiring, training, and supervision of its employees caused her to fracture her femur when she attempted to unload from the lift and her ski boot became wedged between the ground and the lift. VSRI moved for summary judgment, relying on a liability waiver that Brigance signed before receiving instruction on how to load and unload from the lift. The waiver provided that the signatory acknowledged and assumed “all risks and dangers that may result in physical injury and/or death above and beyond the inherent dangers and risks of the activity.” The ski-lift ticket issued to Brigance also included a warning that use of the lift could be hazardous and that the ticketholder assumed all risks of injury, had the physical dexterity to safely load, ride, and unload the lift, and agreed to hold the ski area harmless for any injury. The trial court, after applying Colorado’s four-factor test for the enforceability of exculpatory agreements, concluded that the ski-school and lift-ticket waivers were enforceable and granted summary judgment for VSRI. Brigance appealed.

Rule of Law

Issue

Holding and Reasoning (McHugh, J.)

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