Pinson v. Canaan Valley Resorts, Inc.

473 S.E.2d 151, 196 W. Va. 436, 1996 W. Va. LEXIS 64
CourtWest Virginia Supreme Court
DecidedJune 14, 1996
DocketNo. 23272
StatusPublished
Cited by4 cases

This text of 473 S.E.2d 151 (Pinson v. Canaan Valley Resorts, Inc.) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pinson v. Canaan Valley Resorts, Inc., 473 S.E.2d 151, 196 W. Va. 436, 1996 W. Va. LEXIS 64 (W. Va. 1996).

Opinion

PER CURIAM:

This action is before this Court upon appeal from the final order of the Circuit Court of Kanawha County, West Virginia, entered on May 31, 1995. The action concerns a complaint filed by the appellants, Lori K. Pinson and Larry Pinson, against the appel-lees, Canaan Valley Resorts, Inc., the West Virginia Division of Natural Resources and the West Virginia Division of Tourism and Parks, with regard to a skiing accident at Canaan Valley State Park. As reflected in the final order, the circuit court, citing the West Virginia Skiing Responsibility Act, W. Va.Code, 20-3A-1 [1984], et seq., granted summary judgment for the appellees.

This Court has before it the petition for appeal, all matters of record and the briefs and argument of counsel. For the reasons stated below, the final order of the circuit court is affirmed.

I

In January 1991, Lori K. Pinson and Larry Pinson, her husband, went from their home in Nitro, West Virginia, to Canaan Valley State Park in Tucker County, West Virginia, for a ski trip. According to her deposition, Ms. Pinson had been skiing since 1979 or 1980, and, although she had never taken lessons from a ski instructor, she considered herself to be an “intermediate” skier. She had skied at Canaan Valley State Park on prior occasions.

On this trip, Ms. Pinson and Mr. Pinson first skied on the evening of January 19, 1991. They did not ski the following day. On January 21, 1991, the Pinsons began skiing at noon and skied several trails which had been designated by the Park as “easiest.” At approximately 2:00 p.m. that day, the Pinsons rode a chair lift farther up the mountain and began skiing down a declivity or trail known as “Snowfields.” The Snowfields trail had been designated “more difficult.” Importantly, about 12 to 16 inches of [438]*438snow had fallen at the Park since the night before and was continuing at a “steady” rate.1

Although the trails the Pinsons had skied earlier that day had been groomed or packed by Park employees prior to the opening of the ski facility that morning, the Pinsons encountered deep, ungroomed natural snow when they descended the Snowfields trail. According to Ms. Pinson, the ungroomed condition of the Snowfields trail caused her to lose control of her skis, resulting in a fall and a severe fracture of her left leg.2

The evidence reveals that there was no notice of any kind within the Park indicating to skiers which trails had been groomed and which trails remained ungroomed. The ap-pellees stated generally, however, that some trails were left ungroomed because many skiers enjoy skiing upon ungroomed or powdered snow. Moreover, according to the ap-pellees, grooming was done less often upon trails, such as the Snowfields trail, which were not subject to frequent artificial snow-making processes. In any event, the appel-lees state, skiers at Canaan Valley State Park were notified by way of statements upon lift tickets, trail maps and the Park’s “reader board” as to which trails were open, and the degree of difficulty of each, and that skiers have the responsibility to ski under control and be aware of changing conditions at the Park.

In November 1993, Lori K. Pinson and Larry Pinson filed a complaint in the circuit court alleging that Ms. Pinson’s injury was caused when she “found herself suddenly and without warning on a portion of a ski trail which was composed of deep ungroomed natural snow.” The damages sought by the Pinsons included amounts for medical expenses, pain and suffering and loss of consortium. Canaan Valley Resorts, Inc., a private operator of the ski area, and its licensor, the West Virginia Division of Tourism and Parks, were joined as defendants. Also joined as a defendant was the West Virginia Department of Natural Resources, the owner of the land comprising Canaan Valley State Park. As stated above, those three entities are the appellees herein.

On November 7,1994, the appellees filed a joint motion for summary judgment, W. Va. R. Civ. P. 56, in which they alleged that, pursuant to the West Virginia Skiing Responsibility Act, W. Va.Code, 20-3A-1 [1984], et seq., they were not liable to the appellants. The circuit court agreed and granted summary judgment for the appellees. Specifically, the circuit court concluded that pursuant to W. Va.Code, 20-3A-3(8) [1984], and W. VcuCode, 20-3A-5 [1984], of the Act, ski[439]*439ers, rather than ski area operators, are responsible for injuries caused by “variations in terrain; surface or subsurface snow or ice conditions” and that such variations or conditions, in the form of ungroomed snow, caused the injury to Ms. Pinson.

II

The legislative purpose of the West Virginia Siding Responsibility Act is set forth in W. Va.Code, 20-3A-1 [1984], In that section, it is recognized that there are “inherent risks” in the sport of skiing and that the purpose of the Act is to “define those areas of responsibility and affirmative acts for which ski area operators shall be liable for loss, damage or injury and those risks which the skier expressly assumes for which there can be no recovery.” With regard to the responsibility of ski area operators, W. Va. Code, 20-3A-3(8) [1984], provides, in relevant part, that ski area operators are to “[m]ain-tain the ski areas in a reasonably safe condition, except that such operator shall not be responsible for any injury, loss or damage caused by the following: Variations in terrain; surface or subsurface snow or ice conditions [.]”3

Similarly, W. Va.Code, 20-3A-5 [1984], provides:

Each skier expressly assumes the risk of and legal responsibility for any injury, loss or damage to person or property which results from participation in the sport of skiing including, but not limited to, any injury, loss or damage caused by the following: Variations in terrain; surface or subsurface snow or ice conditions [.]

Moreover, in W. Va.Code, 20-3A-5 [1984], it is expressly recognized that “skiing as a recreational sport is hazardous to skiers, regardless of all feasible safety measures which can be taken.” Furthermore, that section states that each skier “shall have the sole individual responsibility for knowing the range of his own ability to negotiate any slope or trail, and it shall be the duty of each skier to ski within the limits of the skier’s own ability[J”

Here, the appellants, citing the Act, contend that genuine issues of fact exist concerning whether the appellees maintained the Canaan Valley State Park ski area “in a reasonably safe condition” and that, accordingly, the circuit court committed reversible error in granting summary judgment. In particular, the appellants assert that the excess, ungroomed natural snow upon the Snowfields trail on January 21, 1991, could have been eliminated by grooming, as Park employees had done with regard to other ski trails. In the alternative, suggest the appellants, warnings concerning the ungroomed snow could have been posted for the benefit of skiers, or the Snowfields trail could have been temporarily closed. On the other hand, the appellees contend, as they did below, that they have no liability under the circumstances of this action, inasmuch as the Act provides that ski area operators are not responsible for injuries caused by “variations in terrain; surface or subsurface snow or ice conditions.”

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473 S.E.2d 151, 196 W. Va. 436, 1996 W. Va. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinson-v-canaan-valley-resorts-inc-wva-1996.