Northcutt v. Sun Valley Co., 17679

• Decision Date: 27 February 1990
• Docket Number: No. 17679,17679
• Citation: 787 P.2d 1159,117 Idaho 351
• Parties: Christopher NORTHCUTT and Theresa Ann Northcutt, husband and wife, Plaintiffs-Appellants, v. SUN VALLEY COMPANY, Defendant-Respondent, and Athalon Products, Ltd., a Colorado corporation; and Does I through IV, Defendants.
• Court: Idaho Supreme Court

Page 1159

787 P.2d 1159

117 Idaho 351

Christopher NORTHCUTT and Theresa Ann Northcutt, husband and wife, Plaintiffs-Appellants, v. SUN VALLEY COMPANY, Defendant-Respondent and Athalon Products, Ltd., a Colorado corporation; and Does I through IV, Defendants.

No. 17679.

Supreme Court of Idaho.

Feb. 27, 1990.

E. Lee Schlender, Chartered, Hailey, for plaintiffs-appellants.

Elam, Burke & Boyd, Boise, for defendant-respondent. Robert M. Tyler, Jr. argued.

JOHNSON, Justice.

This is a ski accident case. The primary issues presented are whether a ski area operator may be liable (1) for personal injuries to a skier who struck a signpost at the confluence of several ski runs and (2) for failing to determine the identity of another skier who was involved in the accident. In reaching a decision on these issues we are required to construe I.C. §§ 6-1101 through 6-1109 (the Act), which define the responsibilities and liabilities of skiers and ski area operators. We also consider whether the act violates the equal protection clause of the Idaho Constitution or of the United States Constitution.

We hold:

1. Under the Act a ski area operator is not liable for the improper placement of a sign erected to eliminate, alter, control or lessen the inherent risks in skiing or for the improper design, construction or padding of a signpost that supported the sign.

2. A ski area operator does not have the duty to provide a ski patrol that will determine the identity of a skier who was involved in a ski accident with another skier.

3. The Act does not violate the equal protection clause of the Idaho Constitution or of the United States Constitution.

We affirm the order of the trial court granting summary judgment to Sun Valley Company.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

Christopher Northcutt was severely injured in a skiing accident that occurred on Bald Mountain, one of the ski areas operated by Sun Valley Company. Christopher was injured when he struck a signpost at the confluence of several ski runs after another skier (the unidentified skier) collided with him. Other skiers at the scene of the accident detained the unidentified skier, who refused to identify himself. A member of the Sun Valley ski patrol who arrived and began to administer first aid to Christopher permitted the unidentified skier to leave the scene without requiring him to identify himself.

Christopher sued Sun Valley to recover damages for his injuries. His wife joined the suit to recover damages for loss of consortium. The Northcutts alleged that their damages were caused by Sun Valley's negligence in (1) placing a rigid wooden sign at a dangerous location, (2) designing and constructing the sign using materials that would injure a skier who collided with it, (3) failing to construct the sign of "break-away" materials, (4) failing adequately to pad the signpost to protect skiers who might collide with it, and (5) failing to identify the skier who collided with Christopher, thereby depriving the Northcutts of the ability to pursue their claims against him.

Sun Valley moved for summary judgment. In its memorandum in support of the motion, Sun Valley contended that it was absolved from liability by the Act and that it could not be held liable for not identifying the unidentified skier. In part of its argument that it was absolved from liability by the Act, Sun Valley noted that similar ski area liability statutes have been attacked on constitutional grounds and that courts in other states have found that the statutes further a rational state purpose in protecting the local ski economy. Sun Valley also noted that this Court has upheld the constitutionality of the statute which limits the liability of landowners to nonpaying recreational users of land.

In opposition to the motion, the Northcutts presented opinions of experts through their depositions that the sign was improperly placed and the signpost improperly padded. An expert skier gave his deposition testimony that the sign was in a dangerous location and that the sign should have been constructed with "break-away poles" instead of the wooden posts that were used.

The deposition testimony of the director of the ski patrol on Bald Mountain indicated that the Sun Valley ski patrol had a policy concerning the identification of a skier who caused an accident:

Q. What was the policy of the ski patrol, at that time, with regard to securing the name of anyone who was alleged to have caused an injury?

A. We are to ask for their name, if time permits; our primary duty is first aid.

(Deposition of Bruce Malone of January at 1986, at 37)

Also another member of the Sun Valley ski patrol testified in his deposition that the ski patrol was told to get the name of the person who caused the accident after they had attended to any injury. When asked what the reason for this procedure was, he answered: "The skier's liability law in the state of Idaho." (Deposition of Frank Cutler, at 32)

The Northcutts did not challenge the constitutionality of the Act in the trial court.

The trial court granted summary judgment in favor of Sun Valley on the ground that the Act "places the sole responsibility and liability for any injuries suffered by a skier, while participating in the sport on that skier." The trial court concluded that the Act "provides blanket immunity to ski areas and their operators for all but the most intentional torts." The trial court also found no authority on which to hold that Sun Valley had a duty to identify or detain the unidentified skier. In addition, the trial court noted that this Court "has ruled that these types of statutes are constitutional."

The trial court certified the order granting summary judgment in favor of Sun Valley as a final judgment pursuant to I.R.C.P. 54(b). The Northcutts then filed this appeal.

The Northcutts also sued Athalon Products, the manufacturer of the padding on the signpost. The claims against Athalon are not before us in this appeal.

II.

SUN VALLEY IS NOT LIABLE FOR CHRISTOPHER'S INJURIES.

The Northcutts assert that the Act immunizes ski area operators only from liability arising from risks inherent in the sport of skiing. With that proposition we agree. They argue that Christopher's injuries were not caused by a risk inherent in the sport of skiing and that therefore Sun Valley should be liable. With that conclusion we disagree.

The first section of the Act states its purpose:

6-1101. Legislative purpose.--The legislature finds that the sport of skiing is practiced by a large number of citizens of this state and also attracts a large number of nonresidents, significantly contributing to the economy of Idaho. Since it is recognized that there are inherent risks in the sport of skiing which should be understood by each skier and which are essentially impossible to eliminate by the ski area operation, it is the purpose of this chapter to define those areas of responsibility and affirmative acts for which ski area operators shall be liable for loss, damage or injury, and to define those risks which the skier expressly assumes and for which there can be no recovery.

I.C. § 6-1101 (Supp.1989). In interpreting the meaning of other provisions of the Act we must read this statement of purpose together with the balance of the Act so as to give meaning to all of its parts in light of the legislative intent. Moss v. Bjornson, 115 Idaho 165, 166-67, 765 P.2d 676, 677-78 (1988).

I.C. § 6-1106 (Duties of skiers) contains these provisions:

It is recognized that skiing as a recreational sport is hazardous to skiers, regardless of all feasible safety measures which can be taken.

Each skier expressly assumes the risk of and legal responsibility for any injury to person or property which results from participation in the sport of skiing....

I.C. § 6-1107 (Liability of ski area operators) provides:

Any ski area operator shall be liable for loss or damages caused by its failure to follow the duties set forth in sections 6-1103 [Duties of ski area operators with respect to ski areas] and 6-1104 [Duties of ski area operators with respect to aerial passenger tramways], Idaho Code, where the violation of duty is causally related to the loss or damage suffered. The ski area operators shall not be liable to any passenger or skier acting in violation of their duties as set forth in sections 6-1105 [Duties of passengers] and 6-1106 [Duties of skiers], Idaho Code, where the violation of duty is causally related to the loss or damage suffered; nor shall a ski area operator be liable for any injury or damage to a person who is not legally entitled to be in the ski area; or for any loss or damages caused by any object dropped, thrown or expelled by a passenger from an aerial passenger tramway.

These statutes clearly indicate that in enacting the Act the legislature intended to limit rather than expand the liability of ski area operators.

Under the Act one of the duties of ski area operators is "[n]ot to intentionally or negligently cause injury to any person." I.C. § 6-1103(10) (Supp.1989). The key to deciding whether Sun Valley may be liable for negligently locating the sign or designing, constructing or padding the signpost is interpreting what the legislature intended by imposing on ski area operators the duty not to cause injury to any person negligently.

Complicating our interpretation of the legislative intent with regard to this duty is the qualifying provision in the same subsection of the Act:

[P]rovided, that except for the duties of the operator set forth in subsections (1) through (9) of this section and in section 6-1104, Idaho Code, the operator shall have no duty to eliminate, alter, control or lessen the risks inherent in the sport of skiing, which risks include but are not limited to those described in section 6-1106, Idaho Code; and, that no activities undertaken by the operator in an attempt to eliminate, alter, control or lessen such risks...