A snowboarder who sued Jay Peak Resort after encountering an unmarked hole has had their lawsuit dismissed.
According to an article in the Caledonian Record, a federal court jury in Burlington, Vermont, reached a verdict in favor of Jay Peak Resort, rejecting the snowboarder’s injury claims. The jury took only thirty minutes to deliberate before reaching their decision.
On January 18th, 2020, Dr. Michael Rosen was snowboarding at Jay Peak when the incident occurred. While descending the Deer Run trail on his first run of the day, he fell into a hole that was allegedly not properly marked. The hole was estimated to be around 3-to-4 feet wide and deep.
As a result of the fall, Rosen suffered fractures in both of his ankles and required hospitalization for nineteen days. He has been unable to work since the incident.
Jay Peak Resort argued that skiing and snowboarding inherently carry risks, which are acknowledged by guests through signed waivers. They also suggested that the incident could have been caused by someone else in the vicinity of the snowboarder.
Represented by Thomas P. Aicher of Cleary, Shahi & Aicher, who is an experienced member of the Association of Ski Defense Attorneys, Jay Peak Resort called four witnesses (three Jay Peak ski patrollers and an expert) and presented numerous exhibits, including photographs, maps, and their own records. Dr. Rosen represented himself after parting ways with his initial Vermont personal injury lawyer prior to the trial.
Ultimately, the jury sided with Jay Peak Resort, considering the inherent risks associated with skiing and snowboarding as defined by Vermont sports injury law. The resort’s practice of having guests sign waivers was also deemed significant in this outcome. Such lawsuits are often the reason why ski resorts require visitors to sign waivers.
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