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SNOWBOARDER AWARDED $2.5m FOR BROKEN LEG
Saturday June 15, 2019 - Email this article to a friend

A 25-year old man hit a snowmaking machine in Big Boulder, USA. Fair settlement? PlanetSKI readers seem united in their view. UPDATED



James Ashmen jnr was snowboarding in Big Boulder Ski Area in Pennsylvania when he hit a snowmaking machine in the middle of a run.

He suffered a badly broken leg and claimed the injuries would affect him for the rest of his life.

The accident happened in January 2015.

Some have questioned the size of the award, others say the resort should be culpable for a lifelong injury to one of its guests.

He hit the snow machine on the "Snowdrift" trail.

The court heard there was ‘some evidence' that a rope had been placed across the entrance, but the rope was down at the time he started the run.

He did a jump and, while in the air, saw a snow machine positioned about 3m down the hill.

He was unable to avoid it and smashed into it.

A court in Pennsylvania has found the resort negligent for failing to adequately close off the trail before putting the snowmaking machine in the middle of the ski run.

"Big Boulder's placement of a large and dangerous machine on an improperly marked closed trail goes well beyond what anyone could anticipate while snowboarding," said his legal team.

"Big Boulder knew of this danger and its potential to cause catastrophic injuries, but carelessly failed to take reasonable steps to protect its patrons."

He suffered a comminuted tibial fracture and needed to have a rod installed in his leg.

He subsequently underwent physical therapy and pain management.

In making his damages argument he said the injuries meant that he could not fulfill his dream of becoming a police officer.

Big Boulder Ski Area, PennsylvaniaBig Boulder Ski Area, Pennsylvania

 

 

 

 

 

 

 

 

 

 

 

 

 

Big Boulder claimed his injuries were simply part of the inherent risk of the sport.

This is the standard defence of US resorts.

The company said it had no duty to warn Mr Ashmen about the snow machine on the trail.

It said a friend he was with said he'd seen the rope and a sign indicating the trail was closed.

There has been swift reaction to the case over on the PlanetSKI Facebook page:

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And more reaction ...

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