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

P was skiing an expert trail with his friends. During his second run down the slope, P skied through a plume of snow projected from a snowmaking machine. The artificial snow froze on his goggles, blinding him and causing him to lose control. He ran off the trail and struck a tree, where he sustained severe injuries that left him quadriplegic. P sued D and alleged that D had been negligent in the placement and operation of its snowmaking machines. D raised the affirmative defense of assumption of risk, arguing that the West Virginia Skiing Responsibility Act placed the burden of care on P. D offered evidence that P had been skiing too fast, too close to the edge of the trail, and in a manner beyond his ability. The jury returned a verdict for D. It found that D had not been negligent in its maintenance of the ski trail. P appealed. P claims that the jury instructions did not include specific instructions related to P’s claims.

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