Aspen, CO – A skier collision on Aspen Mountain in March has resulted in a lawsuit between those involved.

Thomas Waltner, of Basalt, Colo., filed civil litigation in Pitkin County District Court last month alleging that Chris Cote of Wisconsin was skiing out of control on Aspen Mountain’s Little Nell run on March 1 when he struck Waltner. Waltner contends that as the overtaking skier, Cote had an obligation under the Colorado Skier Safety Act to yield the right of way to the downhill skier. Instead, Waltner’s suit alleges, Cote struck him from behind and from the left, resulting in a fractured arm, facial lacerations, and other injuries to the leg, groin, pelvis, thoracic spine and other areas of his body, according to the complaint.

The complaint further indicates that Cote remained at the scene to speak with investigators, and was apologetic to Waltner for his actions.

The Colorado Skier Safety Act states in part, “Each skier has the duty to maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, the primary duty shall be on the person skiing downhill to avoid collisions with any person or objects below him.”