Ashmen v. Big Boulder Corp.

322 F. Supp. 3d 593
District Court, M.D. Pennsylvania·Decided May 8, 2018·No. No. 3:17cv104·Published·Cited by 3 cases

Opinion

MEMORANDUM

Before the court for disposition is a motion for summary judgment filed by the defendant in this negligence action. The motion is fully briefed and ripe for disposition.

Background

This case arises from a snowboarding accident that occurred on January 24, 2015. (Doc. 19-1, Def. Stmt. of Mat. Facts (hereinafter "SOF") ¶ 1).1 Plaintiff James Ashmen collided with snowmaking equipment while snowboarding down a closed trail at Big Boulder Ski Area in Lake Harmony, PA. (Id. ¶ 2). The plaintiff, who was unaware that the trail was closed due to improper signage, encountered the snowmaking equipment in the middle of the trail while he was in motion. (Id. ¶ 9). Unable to avoid collision, he struck his leg on the snowmaking equipment. (Id. ¶ 10). Plaintiff suffered injury as a result. (Id. ¶ 2).

Based upon these facts, the plaintiff filed a two-count complaint on January 20, 2017, against the following entities that owned, *595operated, maintained and/or controlled Big Boulder Ski Area: Defendant Big Boulder Corporation d/b/a Jack Frost/Big Boulder Ski Resorts (hereinafter "Big Boulder"), Defendant JFBB Ski Areas, Inc., d/b/a Jack Frost Big Boulder Ski Resorts (hereinafter "JFBB"), and Defendant Peak Resorts, Inc. (hereinafter "Peak Resorts"). Plaintiff raises a negligence claim as well as a gross negligence claim. The defendants collectively filed the instant motion for summary judgment on September 20, 2017, bringing this case to its present posture.

Jurisdiction

This case is before us based upon diversity of citizenship. 28 U.S.C. § 1332(a). Cases are properly brought in federal district court under the diversity statute when the action involves citizens of different states and an amount in controversy, exclusive of interest and costs, in excess of $75,000.00. See 28 U.S.C. § 1332(a). Instantly, Plaintiff Ashmen is a citizen of New Jersey. (Doc. 1, Compl. ¶ 3). Defendant Big Boulder is incorporated in the Commonwealth of Pennsylvania, with its principal place of business in the same. (Id. ¶ 4). Defendant JFBB is incorporated in Pennsylvania, with its principal place of business in the same. (Id. ¶ 6). Defendant Peak Resorts is also incorporated in Pennsylvania, with its principal place of business in the same. (Id. ¶ 8). As a federal court sitting in diversity, the substantive law of Pennsylvania shall apply to the instant case. Chamberlain v. Giampapa, 210 F.3d 154, 158 (3d Cir. 2000) (citing Erie R.R. v. Tompkins, 304 U.S. 64, 78, 58 S.Ct. 817, 82 L.Ed. 1188 (1938) ).

Legal Standard

Granting summary judgment is proper if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. See Knabe v. Boury, 114 F.3d 407, 410 n.4 (3d Cir. 1997) (citing FED. R. CIV. P. 56(C) ). "[T]his standard provides that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (emphasis in original).

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Ashmen v. Big Boulder Corp., 322 F. Supp. 3d 593 (M.D. Pa. 2018).

322 F. Supp. 3d 593 (Ashmen v. Big Boulder Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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