Skier hit by fellow skier: Negligence per se: Brain, knee injuries: Settlement

Law Reporter, Apr 2004

Affa, v. Nejezchleb, U.S. Dist. Ct., D. Colo., No. 02-N2151 (MJW), Aug. 25, 2003.

Affa, 62, was siding down a mountain slope. Another person allegedly skiing above Affa collided with him. Affa suffered mild traumatic brain injury and re-injuries to both of his rotator cuffs and his right knee, requiring repeated surgeries. He also has greatly decreased range of motion in his shoulders. A retiree, his past medical expenses were about $74,800, and his future medical expenses are estimated to be about $44,900.

Affa and his wife sued the other skier, alleging negligence per se under the Colorado Ski Safety Act, Colo. Rev. Stat. § 33-44-109(2), which says that uphill skiers are responsible for avoiding collisions with downhill skiers.

Defendant claimed that Affa was the uphill skier, and that Affa was descending to a separate ski slope.

The parties settled before trial for $350,000.

Plaintiffs' experts were Olof Jacobson, engineering/accident analysis, Littleton, Colo.; J. Richard Steadman, orthopedics, Vail, Colo.; Richard Hawkins, orthopedics, Vail, Colo.; and Douglas E. Harrington, head injuries, Newport Beach, Cal.

Defendant's experts were Seth Bayer, accident reconstruction, Louisville, Colo.; and John P. Douthit, orthopedics, Denver, Colo.

Plaintiffs' Counsel

* Linda J. Chalat, Denver, Colo.

* James H. Chalat, Denver, Colo.

A Court Document Set by Topic and an Abstract Set on skiing accidents are available in the back of this issue.