Saldarini v. Wachusett Mountain Ski Area, Inc.
Saldarini v. Wachusett Mountain Ski Area, Inc.
Opinion of the Court
This is the second case we decide today involving the applicability of the Massachusetts “Ski Safety Act,” G. L. c. 143, §§ 71H-71S (1994 ed.), as a bar to recovery for a skiing injury. In this case, we are asked to consider whether ice conditions on a chairlift offloading ramp are a risk inherent in the sport of skiing and recovery for injury caused thereby is also barred by G. L. c. 143, §§ 71H-71S.
Amy Beth Saldarini, a minor, was injured in a collision with an unidentified skier while alighting from a chairlift at the defendant’s ski resort. Amy and her parents brought suit in the Superior Court for Worcester County against the de
General Laws c. 143, § 71O, expressly provides that “[a] skier shall be presumed to know of the existence of certain unavoidable risks inherent in the sport of skiing, which shall include, but not be limited to . . . ice conditions . . . and shall assume the risk of injury or loss caused by such inherent risks.” We have today concluded that recoveiy is barred as a matter of law for injury resulting from a risk specifically enumerated in § 71O as an unavoidable risk inherent in the sport of skiing. See McHerron v. Jiminy Peak, Inc., ante 678 (1996) . Ice on the ski area is such a risk.
The plaintiff’s reliance on Tilley v. Brodie Mountain Ski Area, Inc., 412 Mass. 1009, 1010 (1992), is misplaced. Tilley
The defendant had no duty to ameliorate ice conditions on the chairlift offloading ramp. Therefore, there can be no recovery. The Superior Court’s allowance of defendant’s motion for summary judgment is affirmed.
Judgment affirmed.
We reject the plaintiffs’ contention that Wachusett has any greater responsibility for ice conditions on or near a chairlift offloading ramp than on any other part of the ski area as defined by the statute. Ski area is defined to include “all of the slopes and trails under the control of the ski area operator, including cross-country ski areas, slopes or trails, and any recreational tramway in operation on any such slopes or trails . . . .” G. L. c. 143, § 71I. As we acknowledged in McHerron v. Jiminy Peak, Inc., ante 678, 680-681 (1996), the statute makes no distinction between portions of the ski area for purposes of liability.
Reference
- Full Case Name
- Amy Beth Saldarini & another v. Wachusett Mountain Ski Area, Inc.
- Cited By
- 1 case
- Status
- Published