Sandra Otálora and Victor Otálora v. Vail Associates, Inc.,

Lift unloading accident, fractured femur, settlement

Facts

At the time of the accident, Sandra Otálora was a 48-year-old, Mexican citizen and mother of five. Señora Otálora had purchased a lift ticket and was a passenger on lift 12 at Vail, a beginner lift. She was riding the lift with her daughter, Elizabeth. As they approached the unloading ramp an unknown passenger in front of Señora Otálora fell while unloading and was lying on the ramp. The lift attendant did not stop the lift. Instead, the attendant attempted to drag the fallen passenger off of the unloading ramp. Before the attendant had been able to clear the ramp, Señora Otálora's chair reached the unloading ramp, she was unable to avoid the fallen passenger, fell and suffered an impacted femoralfracture and facial injuries. The parties settled for a confidential amount.

Experts:
Ski lift operation: Ike Garst, Littleton, Colorado. Note: The matter was pending before the court on defendant's motion for summary judgment when the case settled, although the ruling from the Colorado Supreme Court in Graven v. Vail Assoc., 94 SC 416 (12/18/95) would have been dispositive. We would be happy to make available our brief in opposition to the motion for summary judgment. This brief argues for the proposition that a lift loading or unloading accident is "lift - related", therefore making the ski area operator subject to the higher standard of care applicable to lift accidents, and exempt from any inherent danger rules.

Case settled for confidential amount.