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No. 121587
| Robert
R. Anderson and Christine M. |
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James
P. Feeney (248) 258-1580 |
| Anderson, as Next Friends of |
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Raymond M. Kethledge |
| Robert C. Anderson, a Minor, |
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Plaintiffs-Appellees,
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| vs (Appeal
from Ct of Appeals) |
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(Oakland
-- Schnelz, J.)
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| Pine Knob Ski Resort, Inc., |
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Robert L. Bunting (248) 628-5150 |
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Defendant-Appellant.
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Click to view briefs in Adobe format:
Plaintiffs-Appellees' Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
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Background
In January 1999, Robert C. Anderson, then a sophomore at Detroit
Country Day School, was a member of the school's varsity ski team. During
a giant slalom competition held at Pine Knob Ski Resort, Anderson lost
his balance and crashed into a timing shack near the finish line. His
injuries included several broken bones in his right arm and left leg.
Anderson's parents sued Pine Knob as individuals and on behalf of their
son. They asserted that the timing shack was negligently positioned
because it was only eight to 15 feet from the finish line, and claimed
that Pine Knob knowingly allowed a dangerous and hazardous condition
on its premises. Pine Knob moved to dismiss the case, contending that
the Andersons' claim was barred by the Ski Area Safety Act (SASA), which
provides in part that "Each person who participates in the sport
of skiing accepts the dangers that inhere in that sport insofar as the
dangers are obvious and necessary. Those dangers include, but are not
limited to, injuries which can result from variations in terrain; surface
or subsurface snow or ice conditions; bare spots; rocks, trees, and
other forms of natural growth or debris; collisions with ski lift towers
and their components, with other skiers, or with properly marked or
plainly visible snow-making or snow-grooming equipment." Oakland
County Circuit Judge Gene Schnelz denied Pine Knob's motion. He found
that the SASA did not bar the Andersons' claim and that there was a
question of fact about whether the timing shack was placed too close
to the finish line of the race course. The Court of Appeals affirmed
the trial judge in an unpublished per curiam opinion, noting in part
that the timing shack was "not enumerated in the [SASA's] list
of 'obvious and necessary' risks assumed by a skier." Pine Knob
appeals.
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