PITTSBURGH – The parents of a young man injured at a ski resort when he dropped to the ground to escape a non-functioning chairlift, have sued the resort for the injuries he sustained as a result.
Ricardo Sosa and Kristin Sosa (as parents and natural guardians of C.S., a minor) of Sarver filed suit in the Allegheny County Court of Common Pleas on Dec. 12 versus Hidden Valley Resort, L.P. and Kettler Brothers At Hidden Valley, Inc. of Hidden Valley, SSMR Holdings, Inc. (doing business as “Hidden Valley Mountain Resort”) of Champion and The Vail Corporation (doing business as “Vail Resorts, Inc.”) of Broomfield, Colo.
“On or about Jan. 26, 2023, minor plaintiff was an invitee, lawfully riding the Avalanche Lift at the Hidden Valley Mountain Resort premises. As a business invitee, minor plaintiff was, at all-time relevant hereto, permitted to enter defendants’ premises and was owed the highest duty of care by defendants. On the date in question, minor plaintiff was on the premises with a school group,” the suit says.
“Minor plaintiff was a beginner skier who had only been skiing once before. While minor plaintiff was aboard the Avalanche lift riding alone, the chairlift inexplicably stopped and shut down, causing minor plaintiff to be stranded in the air for approximately 30-45 minutes. As minor plaintiff remained alone on the chairlift, suspended above the ground in sub-freezing temperatures, he became extremely concerned about his personal safety.”
The suit adds that the minor plaintiff “became more and more concerned as time passed, and ultimately decided that attempting to lower himself from the chairlift to the ground below was his best chance of survival.”
Subsequently, the minor plaintiff then positioned himself to drop from the chairlift and dropped approximately 30 feet to the ski slope below, a fall which caused him to suffer severe and traumatic injuries.
“Unable to stand or walk due to his injuries, minor plaintiff crawled approximately 700 feet to a building owned, maintained, operated and controlled, by defendants at the bottom of the slope, which he discovered to be empty. Minor plaintiff found a phone on an unoccupied desk and called 911. Minor plaintiff was transported by Somerset Emergency Medical Service to Conemaugh Memorial Medical Center in Johnstown, Pennsylvania. Plaintiff was later transported to University of Pittsburgh Medical Center – Children’s Hospital of Pittsburgh, where he received treatment for his injuries,” the suit states.
“As a direct and proximate result of the negligence, carelessness, recklessness, strict liability and breach of warranty of defendants, minor plaintiff sustained the following injuries, some or all of which are or may be permanent: a) L2 burst fracture with retropulsion and nerve root compression; b) L2 right transverse process and inferior facet fracture; c) L3 sub endplate compression fracture; d) Nasal bone fracture; e) Bruises, contusions and other injuries in or about nerves, muscles, bones, tendons, ligaments, tissues and vessels of the body; and f) Nervousness, emotional tension, anxiety, PTSD and depression.”
For counts of negligence, negligent infliction of emotional distress, negligent hiring, training and supervision, strict liability and breach of warranty, the plaintiffs are seeking compensatory damages in excess of the jurisdictional limits for compulsory arbitration, together with court costs, interest and all relief permitted by the Court.
The plaintiffs are represented by Peter D. Friday, Brian S. Anderson, Andrew M. Darnell and Madeline T. Stuchell of Friday & Cox, in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-014201
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com