Stephen W., individually and as next friend of J.W., an infant v. Timberline Four Seasons Resort Management Co.

Summary

The West Virginia Supreme Court of Appeals affirmed summary judgment for Timberline Four Seasons Resort Management in a skiing-injury action under the West Virginia Skiing Responsibility Act. The court held that the snowmaking electrical box was visibly marked and that the Act did not require Timberline to pad it. The court also held that the minor skier’s age did not alter the statutory assumption of inherent skiing risks.

Holdings

1. No genuine issue of material fact existed because Timberline presented positive evidence, including deposition testimony and photographs, that a visible caution sign marked the electrical box; the plaintiff's lack of memory constituted only conjecture and speculation.
2. The Act did not require Timberline to pad the electrical box. Because the snowmaking equipment was marked by a visible sign, the Act did not impose liability for a collision with that equipment, and the statute contained no exception for unpadded equipment.
3. J.W.'s age did not prevent application of the West Virginia Skiing Responsibility Act's provision that all skiers assume the inherent risks of skiing. The Act contains no age-based exception.

Questions Presented

1. Whether a genuine issue of material fact existed regarding whether Timberline marked the snowmaking electrical box with a visible warning sign.
2. Whether the West Virginia Skiing Responsibility Act required Timberline to pad the electrical box in addition to marking it with a visible warning.
3. Whether J.W.'s status as a twelve-year-old child prevented application of the Act's provision that skiers assume the inherent risks of skiing.

Disposition

affirmed