Phillips v. Wild Mountain Sports, Inc.
| Decision Date | 09 May 1989 |
| Docket Number | No. C1-89-116,C1-89-116 |
| Citation | 439 N.W.2d 58 |
| Parties | Melody PHILLIPS, a minor in the care of her parent and natural guardian, Darrell Phillips, individually, Appellants, v. WILD MOUNTAIN SPORTS, INC., Respondent. |
| Court | Minnesota Court of Appeals |
Syllabus by the Court
Where ski resort was without actual or constructive knowledge of risk posed by intoxicated skier, it could not be charged with negligence in failing to supervise or otherwise control him.
Ronald D. Alley, Steven M. Kellogg, Cochrane & Bresnahan, St. Paul, for appellants.
Craig H. Anderson, Mark A. Gwin, Cousineau, McGuire, Shaughnessy & Anderson, Minneapolis, for respondent.
Heard, considered and decided by CRIPPEN, P.J., and HUSPENI and NIERENGARTEN, JJ.
This case is a negligence action arising out of injuries suffered by appellant Melody Phillips while skiing at Wild Mountain ski resort, which is operated by respondent Wild Mountain Sports, Inc. The trial court granted summary judgment to Wild Mountain. We affirm.
Melody, 15 years old, skiing at Wild Mountain ski resort, had just finished a run down a slope when an unidentified skier struck her from behind, causing Melody to suffer a broken arm and various cuts.
Melody's friend came to the scene of the accident and spoke briefly with the unknown skier. The friend was of the opinion that the unknown skier was "obviously intoxicated," that he "smelled of intoxicating drink," and that his movements were "clumsy and uncoordinated." No one appeared to have observed the unknown skier's conduct prior to the accident and no evidence was presented which showed that the unknown skier had been skiing in a negligent or reckless manner any time that day.
Melody was taken to the ski patrol office where a written report was completed. While at the office, the skier who had collided with Melody came in to check on her. Melody told the ski patrol that this was the skier who had collided with her but neither Melody nor any member of the ski patrol obtained the name of this person.
The trial court determined that Wild Mountain could not be liable for Melody's injuries absent evidence showing that it was or should have been aware that the unknown skier posed a hazard to Melody and granted Wild Mountain summary judgment.
Did the trial court err in granting Wild Mountain's motion for summary judgment?
Melody argues that a fact issue exists relative to the sufficiency of Wild Mountain's supervision, thus barring summary judgment.
A private person operating a place of public amusement is under an affirmative duty to make it reasonably safe for his patrons, and that obligation of due care extends to supervision and control of others on the premises whose actions may cause injury. Diker v. City of St. Louis Park, 268 Minn. 461, 465, 130 N.W.2d 113, 116 (1964). However, actual or constructive knowledge of the dangerous condition by the defendant is a necessary prerequisite to recovery by the plaintiff. Id., cited with approval in Dahlberg v. Mid-America Festivals...
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...Court of Idaho in Northcutt v. Sun Valley Co., 117 Idaho 351, 787 P.2d 1159, and the Minnesota Court of Appeals in Phillips v. Wild Mountain Sports, 439 N.W.2d 58 [Minn.App.], such issue, insofar as any reported case is concerned, is one of first impression in New York, a state, which like ......
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