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Gwyneth Paltrow and Deer Valley: a new lawsuit

contesstant

Ski Diva Extraordinaire
#2
Wonder how they'll even prove it?
 

Susan L

Ski Diva Extraordinaire
#3
I once watched a similar case (no celebrities involved) on Judge Judy and the plaintiff had no case because he/she assumed the risk of an extreme sport and there was no way to prove negligence (accidents do happen). Let's see if any lawyers in this group can chime in! Calling @Gidget415 !
 
#6
Isn't it a law in most states that in a collision, the two skiers must stop and exchange information? So shouldn't she be held accountable for that at least? Unless we are questioning the veracity of this claim altogether.

I've always been really confused about the legal issues surrounding injuries and collisions. I mean, if someone hurts me in most contexts, whether it's with their car, or I fall through a railing on their deck, or their dog bites me, can't I bring a lawsuit against them? Why would skiing be different? But it seems like I keep reading about situations where the victim has no recourse whatsoever.
 

WaterGirl

Ski Diva Extraordinaire
#7
@Christy California law requires any person involved in a collision to remain at the scene of the incident. California Penal Code 653i "Any person who is involved in a skiing accident and who leaves the scene of the accident knowing or having reason to believe that any other person involved in the accident is in need of medical and other assistance, except to notify the proper authorities or to obtain assistance, shall be guilty of an infraction punishable by fine not exceeding one thousand dollars ($1,000)."
 
#8
I see the responsibility code plastered all over ski resorts but I'm not sure of ever seen that. I wish it would be – – I bet a lot of people don't know about this. Resorts are probably worried it will kill the vibe.
 

dloveski

Ski Diva Extraordinaire
#9
Apparently Utah Code stipulates that in a collision, the skier stop, report incident to the resort, and leave/exchange name and address.

Apparently, none of this occurred in the DV incident. In reading more about this, it seems that Paltrow was not with an instructor (which apparently she should have been), but touring with her family and a mountain host. The MH did not call for help for the downed skier nor did he report it to the resort.

So protocol was not followed. The downed skier (now plaintiff) was assisted by a bystander who called for help for the plaintiff.
 

Gidget415

Certified Ski Diva
#10
Hi all, I am definitely going to read that article. I just finished a pretty grueling week of pretrial work. The laws are different in each state. Some states, like Colorado, are pretty protective about skiing and have a lot of limitations on accident claims. Other states uphold waivers on the back of your lift tickets. Maybe I need to research and write a little summary/article about ski laws in the major ski states. Would that be helpful?
 

contesstant

Ski Diva Extraordinaire
#11
Hi all, I am definitely going to read that article. I just finished a pretty grueling week of pretrial work. The laws are different in each state. Some states, like Colorado, are pretty protective about skiing and have a lot of limitations on accident claims. Other states uphold waivers on the back of your lift tickets. Maybe I need to research and write a little summary/article about ski laws in the major ski states. Would that be helpful?
That'd be great, yes!
 

dloveski

Ski Diva Extraordinaire
#12
And when you’re done I need help with state privacy laws (kidding not kidding)
 

ski diva

Administrator
Staff member
#14
Following up on this, UnofficialNetworks.com:

Deer Valley/Gwyneth Paltrow Lawsuit Will Not Be Dismissed

Deer Valley Resort was denied its request Wednesday to be dismissed from a lawsuit involving actress Gwyneth Paltrow arguing it should be settled between the actress and the alleged victim.

The lawsuit stems from a 2016 ski collision at the resort between Oscar winning actress Gwyneth Paltrow and her accuser 72-year-old retired optometrist Terry Sanderson. In the lawsuit a Deer Valley Resort ski instructor who the victim says berated him and didn’t call ski patrol for help “doesn’t qualify as an inherent risk of skiing,” per a written decision by Judge Kent Holmberg.

Deer Valley’s attorney, Adam Strachan, argued during a June hearing that Deer Valley was shielded from responsibilities for skiing collisions under a law that takes into account the inherent dangers of skiing.

The alleged victim’s attorneys say he suffered severe emotional distress after an instructor with Paltrow skied up to him and yelled at him as he lay face-down in the snow, having suffered a concussion after Paltrow plowed into him.

“The court is not persuaded that the behavior allegedly encountered by Sanderson is the type of risk that a skier would reasonably expect to encounter when skiing.”

The decision means the resort will remain a defendant along with Paltrow in the pending lawsuit. The alleged victim is seeking $3.1 million in damages. Paltrow filed a countersuit earlier this year alleging Sanderson the uphill skier and that he is trying to exploit her celebrity and wealth. She is seeking “symbolic damages” of $1 plus costs for her lawyers’ fees.
 

vickie

Ski Diva Extraordinaire
#15
Maybe she should make a symbolic request for $1 plus lawyers' fees plus ski instructors' fees. Might help her avoid a recurrence.
 

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