Lawsuit against Seven Springs dismissed

TomWhiteTomWhite advanced
in NELSAP Forum Posts: 476

Superior Court upholds dismissal of Seven Springs
chairlift accident case

by Carrie
Salls
 | 

Aug. 31, 2017, 9:58am

 

HARRISBURG – The dismissal of a lawsuit filed after a man who
fell from a chairlift and was injured at Seven Springs Mountain Resort Inc. was
upheld in an Aug. 7 ruling from the state Superior Court.

According to the Superior Court decision, Wayne E. and Tracie
Mankowski sued Seven Springs after Wayne Mankowski fell from a chairlift at the
resort in February 2015.

Specifically, the ruling said Wayne Mankowski was allegedly
trying to help his son onto the chairlift when he fell off and “landed on a
bolt on the base of the chairlift tower.” Mankowski claims Seven Springs should
have made sure that patrons were properly protected from the “dangerous” bolt.

The Mankowskis also argued on appeal that the bolt in question
should not be covered as an activity “inherent in the sport of skilling” under
Pennsylvania’s Skiers’ Responsibility Act.

The Court of Common Pleas of Somerset County threw out the
Mankowskis' case when it granted Seven Springs’ preliminary objections to the
lawsuit.

Specifically, the Superior Court said the lower court “found
that appellants’ complaint was barred by the act.”

The act states that, “It is recognized that as in some other
sports, there are inherent risks in the sport of downhill skiing. (2) The
doctrine of voluntary assumption of risk as it applies to downhill skiing
injuries and damages is not modified by [Pennsylvania’s general comparative
negligence rule].”

In addition, the Superior Court said the state Supreme Court
previously found that “The assumption of the risk defense, as applied to sports
and places of amusement, has also been described as a ‘no-duty’ rule, i.e., as
the principle that an owner or operator of a place of amusement has no duty to
protect the user from any hazards inherent in the activity.”

In
affirming the Court of Common Pleas’ decision to grant Seven Springs’
preliminary objections, the Superior Court said the Mankowski case “involves a
straightforward application of the act."

http://pennrecord.com/stories/511184782-superior-court-upholds-dismissal-of-seven-springs-chairlift-accident-case

Comments

  • ciscokidciscokid expert
    Posts: 1,486
    I suppose the coffee was too hot
  • rickbolgerrickbolger expert
    Posts: 1,118
    ciscokid said:

    I suppose the coffee was too hot

    drum roll, rim shot! 

    good comeback 
    ;)
  • bubblecufferbubblecuffer advanced
    Posts: 262
    ~O)

    He should have just bolted out of there...
  • Posts: 970

    ~O)


    He should have just bolted out of there...
    i could tell a bolt joke now but it's a little nutty.....
  • Posts: 970
    Frankly speaking, bolt jokes ARE a little screwy. :D

    IBRAKE
  • bmwskierbmwskier advanced
    Posts: 336
    Where exactly. did the bolt catch him? 


    "Making ski films is being irresponsible with other people's money, in a responsible sort of way..." 
    Greg Stump
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