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Connelly V. Mammoth Mountain Resort Case Brief

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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

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