Summary 2006 WY 100

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Case Name: Muller v. Jackson Hole Mountain Resort

Citation: 2006 WY 100

Docket Number: 05-207

W.R.A.P. 11, Certified Questions from the United States Court of Appeals, Tenth Circuit, The Honorable Mary Beck Briscoe, Judge

Representing Appellants (Plaintiffs): William R. Fix and Jenna V. Mandraccia of William R. Fix, Jackson, Wyoming

Representing Appellee (Defendant): Carter H. Wilkinson and James K. Lubing of Lubing Law Office, Jackson, Wyoming.

[The State of Wyoming was an Appellee (Intervenor but made no appearance)

Date of Decision: August 11, 2006

Facts: Appellant was outfitted with ski equipment; she was wearing ski boots and was attempting to board the Bridger Gondola at Jackson Hole Mountain Resort in order to ride to the top of the hill to begin her day of skiing. When boarding the Bridger Gondola, skiers are not wearing their skis; rather, they are stowed on exterior racks affixed to the gondola. While attempting to board the gondola, Appellant's ski boot became caught under the exterior rack on the Bridger Gondola and she was allegedly dragged several feet, the result of which were painful injuries to her leg and knee. Noting its finding on a special verdict form, following a trial with the magistrate judge presiding, a jury concluded that Appellant's injuries resulted from an inherent risk of the recreational activity in which she was taking part. It may also be discerned from the briefs and from argument that no motion to dismiss or motion for summary judgment was filed in this case. It was also contemplated from the outset that the "inherent risk" in question was one for the jury to resolve. The trial was held in Jackson.

Certified Questions:

1. Pursuant to Wyo. Stat. 1-1-122(a)(ii), Wyoming's Recreational Safety Act (RSA) "does not apply to a cause of action based upon the design or manufacture of sport or recreational equipment or products or safety equipment used incidental to or required by the sport or recreational opportunity." The magistrate judge interpreted this provision as a product liability provision applying to design and manufacture claims. Does the design and manufacture component of the statute apply to products and safety equipment or only sport and recreational equipment? Does this exemption exclude the operation of a ski lift by a recreational provider from the protections of the RSA?

2. The RSA provides that "[a]ny person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity, whether those risks are known or unknown, and is legally responsible for any and all damage, injury or death to himself or other persons or property that results from the inherent risks in that sport or recreational opportunity." Wyo. Stat. § 1-1-123(a). The RSA defines inherent risks as "those dangers or conditions which are characteristic of, intrinsic to, or an integral part of any sport or recreational opportunity." Wyo. Stat. § 1-1-122(a)(i). Are inherent risks of alpine skiing limited to skiing, can an injury that occurs while boarding the ski lift be an inherent risk of alpine skiing, and can the injury in this case be such an inherent risk?

3. If not mooted by the answers to Questions 1 and 2, is the operator of a ski lift a common carrier, and if so, what standard of care is owed to those riding on a ski lift gondola?

Holdings: 1. Wyo. Stat. § 1-1-122(a)(ii) is not ambiguous and the RSA does not apply to those items listed by it, i.e., the RSA does not apply to the design or manufacture of sports equipment or products, or recreational equipment or products, or safety equipment, the use of which is incidental to the sport or recreational activity; and, "No," this statute does not exclude a ski lift operated by a recreational provider from the protections of the RSA.

2. The "inherent risks" of alpine skiing are not limited only to the act of skiing; an injury that occurs while boarding a ski lift may be an "inherent risk" of skiing; and the injury in this case may be an "inherent risk" of skiing.

3. The answers to questions one (1) and two (2) render question three (3) moot.

J. Hill delivered the opinion for the court.