Bennett v. Hidden Valley Golf And Ski, Inc.

318 F.3d 868 (2003)

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Nature of the Case

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Facts

P went with two older male friends to D for a midnight ski session. P was 16 years old and a high school student. She had limited experience as a skier, all of which had been at D where she had skied once before and had snowboarded twice. P was on an intermediate slope when she fell at a spot which the parties have variously referred to as a bump, a ridge, a jump, a ramp, or a mogul. P hit the ground. There was conflicting evidence as to whether she had hit a tree. The bump on the slope had formed as skiers and snowboarders cut across the slope and moved the snow. P sued D as a result of the accident. P incurred brain damage and a diminished future earning capacity. P sued D and alleged that D had been negligent in the design, maintenance, and staffing of its skiing facilities and the supervision of its customers. D raised assumption of risk as a defense. D put on evidence that it had exercised reasonable care and that the bump and trees on the slope were risks inherent in the sport of skiing. D also introduced evidence of P's drug use. The court instructed the jury that if the bump was an inherent risk of skiing, it should find for D. The jury returned a verdict in favor of D. P appealed. In part, P argued that the jury instruction for assumption of the risk should have required the jury to find that P had knowledge and understood the dangers of skiing.