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Dalury v. S-K-I Ltd.

Supreme Court of Vermont
670 A.2d 795 (Vt. 1995)


Facts

S-K-I Ltd. (ski resort) (defendant) owned and operated a commercial ski resort. As a condition of use, the ski resort required all skiers to sign an exculpatory agreement releasing the resort from all liability, including liability for negligence. Robert Dalury (plaintiff) was skiing at the resort and signed this agreement. He was seriously injured after colliding with a metal pole comprising part of the ski lift. Dalury brought suit against the resort alleging negligent design and construction of the ski lift. The trial court held for the resort on the ground that Dalury signed an exculpatory agreement releasing the resort from liability for negligence. Dalury appealed.

Rule of Law

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Issue

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Holding and Reasoning (Johnson, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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