Our client was injured while she was skiing on a slope at Wintergreen. A snowboarder was boarding down the mountain, very fast according to one witness. By his own admission, he was looking down at the terrain, and when he looked up, he was right on our client. He had little time to react and hit her with his board, throwing her into the air. The defense claimed that our client failed to exercise reasonable care; however, she was following all posted signs and was exercising reasonable care, specifically in keeping control of her speed and maintaining a proper lookout so as to avoid other skiers. The universal ski rule is that the downhill skier has the right of way. We retained an expert who would testify about the rule, which is made clear all over the resort.
Our client was treated on the side of the mountain by the ski patrol and transported to the University of Virginia, where doctors identified a traumatic deep leg laceration, a deep perineal nerve transaction, a deep perineal artery transaction, and traumatic lacerations. A surgeon performed a lower extremity irrigation and debridement, deep perineal nerve repair, and a repair of the traumatic lacerations. She was then referred to a foot and ankle specialist with the University of Virginia Orthopedic Clinic. That doctor found that she had permanent nerve damage, confirmed by an EMG and a recent MRI, leading to permanent weakness and an inability to extend her big toe, and he proposed future surgery. The doctor has further indicated that the condition is chronic and our client will need to be seen every six months. He has found that extensive muscle loss, the tendon injury, and the nerve transaction are permanent. The future surgery and future physical therapy will likely cost more than $50,000.
Due to her injuries from the collision on the ski slope, our client also had to change jobs within her company. Her original position required her to be active and to attend events and meetings, but instead she had to take a position that was more of an office job. She is unsteady on her feet, and she has felt her leg give out a few times while carrying her young child. Before the accident, she was very active, with a consistent routine of working out at the gym, but now she is less confident and does not exercise at the level she previously did.
This case was made against the snowboarder and not Wintergreen Resort. We were able to make a recovery from the defendant’s homeowners insurance policy for all of their coverage.
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