Posted On: August 20, 2004, 3:01 pm CDT

Posted By: Peter Hutchins

Those criticizing the Sweeney decision really ought to take the time to review the facts of the case. Plaintiff and 10 co-workers go to ski area for a snow tubing company outing. Mountain sells them tickets. Sends them out to slope alone. No lift attendant, no spacer at the top, no employee in the landing area. Two side by side tracks. Plaintiff goes down hill as designed. Co-worker goes down in adjacent lane a few seconds later. Plaintiff lands in the "common" landing area, slides up the berm intended to stop riders, slides back down where she is hit, head to head, by the co-worker coming down the other track. Severe head injury.

She did everything the tubing park was designed for her to do. Gross negligence of area by having NO attendants. Gross negligence of area by designing silly "common" landing area rather than keeping riders separated (as they do down the whole mountain).

Those in the ski industry have one thing in mind - making money. That is why these terrain parks featuring extreme winter sports are catastrophic. Jam in as many attractions as possible, take the money of young inexperienced immature kids for the most part, put a waiver or release in their face as they are running out the door, let them kill themselves, and then rely on the ski industry lobby's success in passing "immunity" statutes which, in and of themselves, do nothing more than absolve entities from their own negligence and recklessness.

That's the point, and those are the facts.

In my opinion, your industry can't pay enough in judgments, verdicts and settlements.