Jessica Butkera, a partner in the firm’s Maryland (Metropolitan D.C.) office, obtained summary judgment on behalf of an alpine ski race team that was sued by a patron who was injured when she collided with one of the team’s members while skiing.

The underlying incident took place in Pennsylvania, requiring the Court to apply the Commonwealth’s substantive ski law.  After a contentious discovery process exacerbated by opposing counsel, Attorney Butkera moved for summary judgment arguing that Plaintiff could not prove her allegations that the race team failed to properly train, educate or supervise the member who collided with her and that, even if she could, Plaintiff could not circumvent the broad interpretation of Pennsylvania’s Skier’s Responsibility Act.

The Skier’s Responsibility Act bars a plaintiff from recovery in any lawsuit arising out of downhill skiing, as the Pennsylvania General Assembly determined that risk is inherent to the sport.  Unlike Maryland’s affirmative defense of assumption of the risk, Pennsylvania’s Skier’s Responsibility Act does not require any inquiry into a plaintiff’s knowledge or appreciation of the risk.  Risk is inherent as a matter of law.  The Circuit Court for Montgomery County understood this difference and entered summary judgment on behalf of the race team over opposition by Plaintiff, who argued this matter warranted an exception to the law.

The Court also granted Attorney Butkera’s Motion for Sanctions against opposing counsel who disrupted and obstructed Plaintiff’s deposition.  Even though the parties were at the deposition for over four hours, only 80 minutes of that time was spent taking testimony from the Plaintiff.  The bulk of the time was instead spent addressing opposing counsel’s numerous objections, speaking objections, requested breaks to conduct legal research, and a specious discussion about whether he would allow the Plaintiff to answer questions about a letter she had previously written to the team.  While the $1500 awarded by the Court would not reimburse Attorney Butkera’s client for the total time spent at deposition and drafting the message, it was an important win on principle and evidences Attorney Butkera’s relentless advocacy for her clients.

If you have any questions about this case, please contact Jessica Butkera, Esq. at JButkera@c-wlaw.com or by phone at (410) 420-0700.