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Scott v. Pacific West Mountain Resort

119 Wash. 2d 484, 834 P.2d 6 (1992)

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Scott v. Pacific West Mountain Resort

Washington Supreme Court
119 Wash. 2d 484, 834 P.2d 6 (1992)

  • Written by Liz Nakamura, JD

Facts

Justin Scott (plaintiff), a 12-year-old boy, was a ski-racing student at Pacific West Mountain Resort (PWMR) (defendant). The beginners’ ski-racing slalom course was set up near an unused tow-rope shack. While Justin was practicing on the slalom course, he missed the turn around one of the slalom gates and ran off the ski run, straight into the tow-rope shack. The gate Justin missed was 40 feet from the shack. Justin sustained serious head injuries. Justin’s parents, Barbara and Gary Scott (the Scotts) (plaintiffs), sued PWMR on Justin’s behalf, arguing that the slalom racecourse had been negligently placed too close to the tow-rope shack. PWMR moved for summary judgment, arguing that Justin could not recover in a negligence claim against PWMR because Justin had assumed the risk of engaging in ski-racing lessons. The trial court agreed and granted PWMR summary judgment. The Scotts appealed, arguing that Justin’s assumption of the risk did not bar recovery because the risks had been unduly enhanced by PWMR’s negligence.

Rule of Law

Issue

Holding and Reasoning (Andersen, J.)

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