Willig v. MammouthMountain Ski Area
Plaintiff Ray Patrick Willig, an experienced snowboarder, alleged that a loose wire sticking up through the early season snow at Mammoth Mountain Ski Area (Mammoth) caused him to fall and sustain devastating personal injuries. The ski patrollers who responded to the accident testified they found plaintiff perched on a rock amidst other rocks several hundred feet above the wire, which was discovered three weeks later after nine inches of snow had melted. Plaintiffs ski companion testified, however, that he found his friend at a location below the wire. The jury found that, although Mammoth committed willful misconduct, the wire protruding from a gabion (an erosion control device) did not cause plaintiffs injury.
We conclude the ruling on the theory of liability was separate and distinct from causation, and plaintiff has failed to demonstrate prejudice, that is, how the pretrial ruling limited, circumscribed, or otherwise precluded him from proving what actually caused him to fall. Court also reject his claim of prejudicial juror misconduct and affirm the judgment.
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