US Appeals Court Sides with Copper Mountain Resort

August 1, 2011

An appeals court has ruled in favor of Copper Mountain Resort in a lawsuit filed by a doctor who says he was injured after unwittingly skiing off an unmarked cornice.

Rajeev Kumar accused Copper Mountain of negligence after the 2006 accident. A federal judge ruled for the resort and a federal appeals court affirmed the ruling Wednesday.

The appeals judges say Colorado law bars claims based on dangers inherent to skiing and that the overhang wasn’t a “specified freestyle terrain area” subject to labeling, as Kumar argued.

Kumar’s attorney, Ross Buchanan, says the opinion essentially says resorts don’t have to mark danger areas, even if there’s a history of injuries there.

The resort’s owner at the time of the incident, Intrawest, didn’t immediately respond to an email request for comment.

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