Defense Verdict – Ski Accident at Sunday River, ME
Attorney Involved | Joseph P. Mendes
Attorney Joseph Mendes of Boyle | Shaughnessy Law recently obtained a defense verdict after a 3-day jury trial in Hancock County Superior Court (Ellsworth, Maine) involving a ski collision at Sunday River. The case involved negligence claims arising out of violations of Maine’s ski statute, 32 M.R.S. sec. 15217 and standards promulgated by Sunday River and the National Ski Areas Association. The plaintiffs were the parents of their 10-year-old son, who suffered severe injuries in a collision with another skier (the defendant), and alleged the defendant – an adult – carelessly and heedlessly collided with the plaintiffs’ son without regard to his statutory duties or the “rules of the road” for all skiers. Attorney Mendes was able to rebut the plaintiffs’ claims by arguing that not only were the defendant’s actions reasonable and in compliance with the rules of the road, but in response to a sudden, emergency event (the child making a sudden, abrupt turn into the defendant’s lane of travel), thereby depriving defendant the ability to avoid the collision. The plaintiffs alleged as a result of this incident that they suffered damages close to $500,000.00.
A total of 5 witnesses and 1 expert testified in the matter. After 2 hours of deliberation, the jury returned a verdict in favor of the defendant.