MINOR SKIER RUNDOWN WHILE IN ASPEN SKI SCHOOL

NICOLE MAE HANDLEY v. NORM THOMS

Counsel for Plaintiffs: Chalat Law Offices, P.C.
Court: DISTRICT COURT, PITKIN COUNTY, COLORADO
Civil Action No. 95 CV 18-2
Settlement 11/17/95.

FACTS
This was a violent, high speed skier/skier collision which occurred on 1/1/95 in a plainly marked Slow Skiing zone. Minor plaintiff (d.o.b. 6/28/89) was enrolled in a ski school class led by an Aspen Ski Company employee. The children were traversing in a line from the unloading area of Lift 18, and were headed toward the loading area of Lift 19 at Snowmass Ski Area near Aspen, Colorado. Defendant was skiing fast down a ski run immediately above the two lifts. He lost control and collided into the minor plaintiff. At his deposition, the defendant admitted responsibility for the accident, but claimed that his knee had given out. The minor plaintiff, suffered a proximal diaphyseal fracture of her right femur. Medical expenses were about $23,500.00.

Plaintiffs advanced an exemplary damages claim, alleging that the reckless skiing complained of was done heedlessly and recklessly, without regard to the consequences upon, or of the rights and safety of others, particularly the plaintiff Nicole Handley. The accident was witnessed by five people who gave written statements. The disinterested witnesses uniformly expressed outrage at the defendant's conduct. Two witnesses testified that the speed and size of the defendant, relative to the five year old plaintiff, caused a collision so violent that they thought the minor plaintiff had been decapitated. One of the witnesses testified that she was nearly hit by the defendant as he came into the Slow Skiing zone.

DAMAGES
This was a horrifying accident which could have killed Nicole, hurt her terribly, and forced her to suffer for a long period of time. We argued that to minimize her pain and suffering is to say that the suffering of a child is valueless. J.C.Owen, the veteran ski patroller who evacuated Nicole, began crying when he recounted his examination of Nicole, on the mountain. Her pain was intense. She suffered profound discomfort in the body cast, was ridiculed by her classmates, and was profoundly depressed by her inactivity.

The treating physician stated that Nicole will probably have a complete recovery after one - two years post accident. He acknowledged the literature which demonstrates a statistical likelihood of muscle weakness secondary to the injury. Following traction, casting and rehabilitation, the treating orthopedist stated to a reasonable degree of probability that the minor plaintiff will have no significant disability, disfigurement or further complications. The parties settled for $200,000.00. Payment was made by the defendant's insurer in the amount of $180,000.00 and the defendant personally paid $20,000.00. The probate court approved the settlement.

Further LEGAL ANALYSIS of Handley v. Thoms