An attorney for The Canyons has asked that a negligence lawsuit brought against the ski area by a Summit County family be heard before a jury.
In a complaint filed July 8, Philip and Wendy Rutherford claimed their son was injured when he skied into a wall of manmade snow that had accumulated at the resort on Jan. 15. Levi Rutherford reportedly suffered a traumatic brain injury in the collision.
Resort officials countered that they are not responsible for the minor’s injuries, adding that Rutherford’s crash was part of the inherent risk of skiing.
The Rutherfords sued Talisker Canyons Finance Company, which is doing business as The Canyons.
Canyons officials responded to the accusations in an 8-page legal document filed in 3rd District Court Aug. 10.
“Defendants are not and were not liable, negligent, or reckless because [The Canyons] exercised reasonable care at all times relevant to this action,” the legal papers filed on behalf of The Canyons state.
The Rutherfords claimed the resort’s negligence caused their son to suffer the injuries. The boy belonged to the Summit Ski Team and he was practicing with teammates at The Canyons at the time of the accident. The young skiers were using a race course set up on the Retreat run, according to the lawsuit.
“At the same time, at least one snow-making machine was in operation and producing snow on the Retreat run, downhill from where the ski team practice was being held,” the complaint against The Canyons states. “The snow-making machine had produced a wall of man-made snow which spanned the entire width of Retreat to varying depths across the run.”
According to the complaint, Rutherford crashed into the wall of snow.
“Plaintiffs’ claims are barred by the Utah Inherent Risk of Skiing Act,” the response from The Canyons states. “Even assuming [The Canyons] did not exercise reasonable care, which [defendants] expressly deny, reasonable care would not have eliminated or alleviated the risks relevant to the litigation and, thus, [The Canyons] cannot be held liable.”