Category Archives: Settlement

NSP Lawsuit Dismissed: No End to Internal Battles On Horizon

NSP v NSP SettlementThe NSP officials that filed the NSP v NSP Complaint in August have now settled all matters related to that suit. The member list has been provided to the plaintiffs without the restrictions originally imposed by the NSP that violated Colorado law. The Colorado District Court for Jefferson County approved the parties’ requested dismissal, with each side agreeing to pay its respective court costs and attorney fees.

From the settlement filing approved by the court:

“The concerns of the plaintiffs have been resolved and all of the parties who have appeared in this action stipulate and agree, by their respective attorneys, pursuant to C.R.C.P. 41(a)(1)(B), that the Complaint and action herein shall be and is hereby dismissed, with prejudice, and that each party shall bear its own costs and attorney fees.”

The “with prejudice” notation confirms that the matter was settled to their mutual satisfaction and that neither feels the need to re-file on that issue. Unfortunately, it doesn’t seem like this matter is even close to being over, Continue reading NSP Lawsuit Dismissed: No End to Internal Battles On Horizon

National Ski Patrol: In-fighting Begins Anew

Minnie, they’re at it again! The organization founded in 1938 by Charles Minot “Minnie” Dole, the National Ski Patrol (NSP), has been sued again by 6 patrollers, 5 of whom serve on the 28,000-member organization’s National Board of directors.

Minnie Dole, 1940s

NSP watchers and members couldn’t forget, as much as they might like to, the last time this happened just 7 years ago. A group of Division Directors and patrollers was forced to sue the NSP in 2005 to have a say in how the organization was run, by electing their representatives on the NSP National Board. That group ultimately represented just under 8,000 NSP members before the organization relented and settled the litigation. That resolution led to a complete turnover of the NSP’s Board and National leadership team over 18 months. The settlement agreement resulted in a re-write of the NSP’s bylaws as it relates to member voting. Well, apparently old habits die hard.

The current suit was filed on 1 August 2012 in Colorado’s Jefferson County District Court, near the organization’s Lakewood headquarters. Continue reading National Ski Patrol: In-fighting Begins Anew

Killington Settles Skier Lawsuit

Killington Resort in Vermont has settled a lawsuit with Alfred Rocks of Egg Harbor, N.J. Rocks filed suit against Killington claiming it failed to maintain a trail in a “reasonably safe condition”. The 53-year-old skier sustained leg fractures in the fall in 2009, and claims to have suffered additional injuries due to ski patroller negligence when a toboggan he was strapped into over-turned. The suit was filed in 2010. Two days into the trial Killington settled. While both sides confirmed a settlement, details on it were not released. Killington Trail Map

According to court filings, Rocks was on Ovation, a double black diamond trail, and seriously injured himself in a fall when he hit hit a bare spot and then careened into rocks. He says the spot was not marked, and that it should have been even though it was spring conditions. Rocks said that he was further injured when the ski patrol decided to take him down Ovation on a snowmobile, which lost control and overturned. At trial, counsel for Killington attempted unsuccessfully to bar the plaintiff from talking about the snowmobile incident. Continue reading Killington Settles Skier Lawsuit