PITTSBURGH – A state court judge has deferred a ruling on preliminary objections, in a case from the parents of a young man injured at a mountain resort, when he dropped to the ground to escape a non-functioning chairlift, until other defendants respond to the suit.
Ricardo Sosa and Kristin Sosa (as parents and natural guardians of C.S., a minor) of Sarver first 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 said.
“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 added 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 stated.
“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.”
Defendant SSMR Holdings, Inc. filed preliminary objections to the plaintiffs’ complaint on Feb. 20, specifically on the question of venue propriety.
“SSMR brings these preliminary objections because venue is improper in Allegheny County under Pennsylvania Rule of Civil Procedure 1028(a)(1). In contrast, venue is proper in Somerset County and the case should be transferred there accordingly. Plaintiffs allege that their child was injured on the premises of Hidden Valley Resort located at 1 Craighead Drive, Hidden Valley, Somerset County, Pennsylvania 15502. The only connection to Allegheny County in the complaint is a single conclusory allegation that the defendants advertise, market and engage in financial transactions in Allegheny County,” the objections stated.
“Even when taken as true, this is an insufficient basis for venue under Pennsylvania Rule of Civil Procedure 2179(a)(2). Plaintiffs’ complaint fails to justify venue in Allegheny County. The complaint renders Somerset County as the proper venue under Pennsylvania law and the Court should therefore transfer this matter to the Somerset County Court of Common Pleas.”
UPDATE
On May 20, Allegheny County Court of Common Pleas Judge Alan D. Hertzberg deferred a ruling on the preliminary objections until the other defendants weigh in on the complaint or until 90 days pass.
“Upon consideration of defendant SSMR Holdings, Inc.’s preliminary objections and brief in support thereof and any response thereto, it is hereby ordered that the preliminary objections are deferred, pending responses from the other defendants or 90 days, whichever is first,” Hertzberg ruled.
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.
Defendant SSMR Holdings, Inc. is represented by Mark Gordon and Matthew R. Barnes of Pietragallo Gordon Alfano Bosick & Raspanti, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-23-014201
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com