Clover v. Snowbird Ski Resort

Chris Zulliger (defendant) worked at Snowbird Ski Resort (Snowbird) (defendant) as a chef in the Plaza Restaurant (Plaza), located at Snowbird’s base. Zulliger was periodically asked to visit the Mid-Gad Restaurant (Mid-Gad), a Snowbird restaurant located about halfway up the mountain, to monitor that facility’s operations. Skiing was one of the easiest ways for Snowbird employees to navigate the resort, and employees received ski passes as part of their compensation. On December 5, 1985, Zulliger made plans to ski Snowbird with another Plaza chef before beginning his afternoon Plaza shift. A Snowbird manager instructed Zulliger to make a monitoring stop at Mid-Gad before starting his Plaza shift. Zulliger and the other chef stopped at Mid-Gad to inspect the restaurant during their first run down the mountain. They then skied four more runs before their shifts started. Their last run was down a trail that Snowbird employees frequently skied to get from the top of the mountain to the Plaza. At one point, while higher on the mountain than Mid-Gad, Zulliger jumped off a crest. The crest’s steepness made it impossible for skiers above the crest to see skiers on the slope below. Zulliger took the jump at a high speed and hit Margaret Clover (plaintiff), who was below the crest. Clover sued Snowbird and Zulliger. Clover settled with Zulliger. As to Snowbird, Clover argued, among other things, that Snowbird was liable for Zulliger’s negligence because Zulliger was acting within the scope of his employment when the collision occurred. Clover also claimed that Snowbird negligently designed and maintained its ski runs, alleging that Snowbird knew that patrons regularly took the jump and that it posed a hazard to others but did nothing to prevent the conduct. The trial court granted summary judgment in Snowbird’s favor, holding that, as a matter of law, Zulliger was not acting within the scope of his employment and that Utah’s Inherent Risk of Skiing Statute barred Clover’s claim for negligent design and maintenance. Clover appealed to the Utah Supreme Court.