Withers v. Bogus Basin Recreational Association, Inc., 144 Idaho 78

Summary

The Idaho Supreme Court affirmed summary judgment for Bogus Basin Recreational Association in a negligence action arising from a skier's fall after her ski became tangled in a rope near a chairlift unloading area. The court held that the rope configuration was intended to eliminate, alter, control, or lessen an inherent risk of skiing under Idaho's Ski Area Liability Act, and that the injury did not result from a violation of the statutory duties governing aerial passenger tramways. The court awarded costs on appeal but denied attorney fees.

Holdings

1. The Ski Area Liability Act precluded liability because the rope was erected to eliminate, alter, control, or lessen an inherent risk of skiing, and the Act imposes no duty to perform such risk-reduction activities to any standard of care.
2. Bogus Basin did not violate Idaho Code section 6-1104 because Withers's injuries resulted from the rope configuration rather than the construction, operation, maintenance, or repair of the chairlift.
3. Bogus Basin was not entitled to attorney fees on appeal because Withers's statutory-construction arguments were not frivolous, unreasonable, or without a foundation in law or fact.

Questions Presented

1. Whether the Ski Area Liability Act precluded liability for injuries caused by a rope configuration intended to route skiers and reduce the risk of skier collisions.
2. Whether Bogus Basin violated Idaho Code section 6-1104 by failing to stop the chairlift after the rope sagged and allegedly endangered disembarking passengers.
3. Whether Bogus Basin was entitled to attorney fees on appeal.

Disposition

affirmed