ipl-logo

Connelly V. Mammoth Mountain Resort Case Brief

1713 Words7 Pages

Date: May 13, 2015
Student Name: Doresa Henderson
Assignment: Final Memorandum
TO: William Moffitt, Attorney at Law
RE: Eric Brown v. Ski Lodge Resort, et al.
CASE NO: SBCXS 13-12345

Plaintiffs Eric Brown, a snowboarder, who sustained serious injuries when he swerved sharply to avoid race marker barrel and fell. Filed an action for premises liability and general negligence against the ski resort, alleging failure to warn of the risk of harm.
ISSUE PRESENTED:
The issue is whether defendant owed the plaintiff a legal duty to protect the plaintiff, a snowboarder from the risk of falling as he snowboarded down an advanced run? SHORT ANSWER: No. The primary assumption of the risk applies to eliminate a property owner’s duty of care …show more content…

Mammoth Mountain Ski Area (1995) 39 Cal.App.4th 8., In this case Connelly v. Mammoth Mountain Ski Area sued defendant Mammoth Mountain Ski Area, On March 5, 1989 Connelly, who considered himself an advanced expert skier colliding with a ski lift tower on the Stump Alley Run at Mammoth, a run designated as “more difficult” (advanced intermediate). Connelly sustained serious injury. The summary judgement for Mammoth, the trial court rejected Connelly’s claim that Mammoth improperly padded the tower; instead the court found the collision with the tower to be an obvious, avoidable and inherent risk for which Mammoth owed no duty under the primary assumption of risk. Danieley v. Goldmine Ski Associates, Inc. (1990) 218 Cal.App.3rd 111, a skier who suffered injuries once she collided with a tree brought action against ski area operator claiming negligence in falling to remove tree, which was located adjacent edge of ski run. While on ski run “Upper Claim Jumper” an intermediate ski run, plaintiff wife lost control, collided with huge tree just beyond the turned-out edge of the run. The issue whether ski patrolmen had been negligent in caring for skier after her impact with the tree. The court favor the ski operator, plaintiff appealed. The Court of Appeal, held that the ski operator owed no duty to skier to remove the tree, and denied skier extension to conduct further discovery. Souza v. Squaw Valley Ski Corp. (2006) 138 Cal.App.4th 262. O’Donoghue v. Bear Mountain Ski Resort. (1994) 30 Cal.App.4th

Show More
Related

Summary Of The Clarkson Vs. Orkin Determinating Co. Inc.

557 Words | 3 Pages

Introduction The Clarkson v. Orkin Exterminating Co. Inc. case took place in the year 1985. Mrs. Clarkson sued Orkin Exterminating Co. Inc. for three distinct charges. Orkin had a contract with both the previous owner of which Mrs. Clarkson inherited after purchasing the house. The agreement stated that Orkin Exterminating Company was to be paid a certain amount of money to handle exterminating practices in this case; spraying of termites.

Read More

The Case Of Jennifer Wolfe Vs. D & W LLC

605 Words | 3 Pages

The defendant argues the plaintiff was slightly intoxication and lost her balance causing her to fall off the stage. They pointed out she had got up on the stage with no problem and how they did have not have any previous accidents with this

Read More

Case Note On Blackburn Vs. Golden And District Search And Rescue

1013 Words | 5 Pages

Blackburn v. Golden and District Search and Rescue, RCMP, and Kicking Horse Mountain Resort. By: Austin Pigeon March 2017 Part 1: In the case between Gilles Blackburn (plaintiff) and Golden Search and Rescue, RCMP, and Kicking Horse Mountain Resort (defendants), Blackburn took the three defendants to the BC Supreme Court and sued each of them for negligence for not commencing a rescue, which lead to the death of his wife, Marie-Josée Fortin (Petrovics, 2011). Blackburn claims that between February 17 and 21, 2009, all three of the defendants were aware of SOS signals Blackburn had stomped into the snow in the mountains surrounding Golden, British Columbia.

Read More

California Vs. Greenwood Case Study

478 Words | 2 Pages

The main facts of the case California v. Greenwood are that in the beginning of 1984, the police of Laguna Beach, California had information that gave them reason to believe that a certain person, Billy Greenwood, was dealing drugs. A police officer named Jenny Stracner told the garbage collectors to bring the trash from Greenwood’s residence to the police station so that they could go through the garbage to find if there was evidence of drug dealing. They did. They then obtained a warrant to search the house, and found more evidence. The police then arrested Greenwood.

Read More

Case Study: Welge V. Planter's Lifesavers

517 Words | 3 Pages

Why or why not? Yes I agree with the judge decision, since there was a similar case where the judge found a defendant negligent when sulphuric acid in a defective jug broke and caused acid to pour over the consumer, resulting injury and damages to her furniture and floors of her home. The judge used the strict product liability theory in the case of Mabee V. Sutliff & Case CO., INC. 1-The Product was defective when sold. Mrs. Mabee ordered two-one gallon glass jugs of sulphuric acid, which were delivered to her front door.

Read More

Case Study Of Turner V. Hershey Chocolate USA

1045 Words | 5 Pages

Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.

Read More

San Francisco Giants Case Summary

652 Words | 3 Pages

The issue presented in this case is whether the San Francisco Giants was negligent when Janice Lewis was pushed and fell on the top of the metal bars during the parade. The San Francisco Giants Will be found negligence of San Francisco Giants breached the parade duty to its patrons and, as a result of that breach, Janice Lewis was injured. McGarry v. Sax, 70 Cal. Rptr.

Read More

Turner V Hershey Chocolate Case Analysis

955 Words | 4 Pages

Case Analysis Paper / Discussion MBA 623 Name: Patel Mukeshkumar Shamalbhai Paper # Turner v. Hershey Chocolate USA, 440 F.3d 604 (3d Cir. 2006) Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim.

Read More

Case Brief Of Moore V. City Of East Cleveland, Ohio

645 Words | 3 Pages

• Her motion was however overruled and she was fined $25 and sentenced for five days. • Her constitutional claims were considered and affirmed by the Ohio Court of

Read More

Summary Of The Mccune Vs. Myrtle Beach Indoor Shooting Range Case

235 Words | 1 Pages

The McCune vs Myrtle Beach Indoor Shooting Range case contains much of accurate interpretations of the law when pertaining to contracts of adhesion. In this case, a defected mask allowed a paintball to hit Christine McCune’s eye. The effect of this event led McCune to become blind in one eye. There is no evidence suggesting that the employees knew of this malfunction. This case best describes the contracts of adhesion because there was not any gross negligence from the park.

Read More

Legal Case Study: Tyson V. Storm Lake

116 Words | 1 Pages

While the plaintiff 's claims that Tyson did not compensate the overtime they worked. However, Tyson asserted that even if there is sufficient evidence to support the damages; plaintiff has failed because plaintiffs did not provide any evidence of the actual damage due to the testimony did not contain references of overtime that had violated the Fair Standards Labor Act (FLSA). Under the provisions of Tyson, workers at the plant worked Storm Lake had worked substantial amount of overtime on a weekly basis and the plaintiffs show uncompensated overtime work by applying the average donning, doffing, and walking times to the employee time-sheets, therefore; evidence is sensitive to the reasonable inference that the jury verdict is

Read More

Summary: The Case Of Colorado V. Connelly

443 Words | 2 Pages

In the case of Colorado v. Connelly, Connelly approached an officer and said that he wanted to confess to a murder. After being read his Miranda rights, he still wanted to continue with his confession. He was taken to the station and again advised of his rights. He confessed to a murder and even led police to the scene of his admitted crime. He was held overnight and questioned again the next morning.

Read More

Mayo V. Taco Enterprises Case Study

837 Words | 4 Pages

The court precluded the defendant from liability because the wire she tripped on was open and obvious. They held that the open and obvious doctrine applies when a defendant failed to warn about a dangerous condition and also when the defendant breached the duty in allowing the condition to exist. Id. at 495, 595 N.W. 2d at

Read More

Wolf V. Colorado Case Brief

584 Words | 3 Pages

Before 1948 Julius A. Wolf had been arrested and tried for reasons not stated in the Supreme Court case, but the evidence that was used against Wolf was taken unlawfully, the police had no warrant for his arrest as well as no warrant to search his office. Wolf was able to get an appeal to be tried one more time. In 1948 the trial Wolf v Colorado Supreme Court had begun. It was a very controversial topic because the case was based on the violation of the Fourth Amendment right of protection from search and seizures.

Read More

Poddar V. Tarasoff Case Brief

396 Words | 2 Pages

On August 20, 1969, Prosenjit Poddar told Dr. Lawrence Moore that he intended to kill one Tatiana Tarasoff. Dr. Lawrence Moore was a psychologist employed by the Cowell Memorial Hospital at the University of California at Berkeley. The campus police briefly detained Poddar, but released him because he appeared to be rational. Dr. Harvey Powelson, Moore's superior, also agreed that Poddar could be released. No one warned the victim's parents (plaintiffs) of the threat to Tatiana.

Read More

More about Connelly V. Mammoth Mountain Resort Case Brief

Related Topics

Open Document