This section contains the nature of the case and procedural background.

P and D were longtime friends and experienced skiers. They went skiing and D collided with and injured P. P sued D for general negligence. The superior court granted D's motion for summary judgment. The court found that a collision 'is an inherent risk of downhill skiing.' It held that in cases of primary assumption of risk, there is an absolute bar to P's recovery.' The court found that the accident involved 'an active sport, i.e., skiing, and the conduct of D was neither one of intentionally causing injury nor of conduct so reckless so as to be totally outside the range of ordinary activity involved in the sport.' P appealed. The Court of Appeal affirmed. Collision with other skiers is considered an inherent risk of the sport.

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