Sunday River ski resort in Maine

Jury Finds Sunday River Not Responsible for Skier’s Fall from Lift

Newry, ME – A jury in Oxford County, Maine, on Monday found Sunday River ski resort not responsible for a man’s injuries sustained when falling from one of the resort’s chairlifts.

Steven C. Sutton, 59, of Bethel, Maine, was riding Sunday River’s Barker Mountain chairlift on December 12, 2007 when he was knocked from his chair as it entered the lift’s top terminal. Sutton contended that the chairlift was being run in winds too strong to ensure safe operation, and the chairlift was swinging when it entered the top station. As the swinging was abruptly stopped by the lift’s terminal mechanism, Sutton was jolted from his seat and fell 12 feet, injuring his arm.

Sunday River ski resort in Maine
Sunday River ski resort in Maine

Sutton sued for $2,057,000 including past medical expenses of $57,000, future medical expenses, lost earnings, permanent impairment and compensatory damages. His wife, Paula Sutton, asked the jury for $265,000 for loss of consortium.

The jury, comprised of five men and four women, sided with attorneys for Sunday River, who argued that winds on a mountaintop are nothing unusual and that the lift was being operated within safety guidelines. A witness called by the defense testified that Sutton was sitting sideways in his chair to speak with another lift rider when the incident occurred.

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“Of course, Mr. Sutton’s injuries were unfortunate,” commented David B. Cronheim, Esq., Chief Legal Correspondent for First Tracks Online, “but merely being injured on someone else’s property does not entitle a plaintiff to reap a multimillion dollar windfall. Furthermore, ski areas are particularly difficult targets for lawsuits because of the statutory protections afforded them by state legislatures and the disclaimers found on the back of your lift ticket.

“In light of these protections, it is rather surprising the case even made it to trial,” added Cronheim. “Similar cases in other states have been disposed of prior to trial at the summary judgment stage. Sunday River likely knew it had a strong case and did not want to set a precedent that it would settle claims with skiers injured on its slopes for fear of inviting an avalanche of lawsuits by plaintiffs looking to make a quick buck.”

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