Berniger v. Meadow Green-Wildcat Corp

Berniger v. Meadow Green-Wildcat Corp.
945 F.2d 4
C.A.1 (N.H.),1991.
Decided Sept. 12, 1991.

Skier sued ski area operator and three employees for injuries sustained in collision with safety net on edge of ski trail. Defendants' motions to dismiss for failure to state claim were granted by the United States District Court for the District of New Hampshire, Martin F. Loughlin, Senior District Judge. Skier appealed. The Court of Appeals, Caffrey, Senior District Judge, sitting by designation, held that under New Hampshire law: (1) common- law claims against ski area operator for injuries which resulted from inherent risks were prohibited; (2) risk of collision with safety fence was inherent in sport of skiing; (3) defendants were not "other persons" for purposes of statute which identified responsibility of skiers and passengers; and (4) individual defendants were "ski operators" within meaning of statute which prohibited suit by skier.
Affirmed.

Leonard F. Zandrow, Jr. with whom Richard L. Neumeier, B. Deidre Brennan, Parker, Coulter, Daley & White, F. Jay Flynn, and McNamara, DeSimone & Flynn, P.A., Boston, Mass., were on brief, for plaintiffs, appellants.

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