State Supreme Court to hear Ski Roundtop injury case
The State Supreme Court has agreed to hear a lawsuit in which a Florida man is accusing Ski Roundtop of gross negligence.
On June 25, the Supreme Court agreed to hear an appeal from Ray Burgeois' lawsuit against Ski Roundtop.
In July 2015, Buregois' attorney filed a lawsuit against the Warrington Township-based Ski Roundtop and its owner, Hellam Township-based Snow Time Inc, alleging that the organizations were negligent when Burgeois was injured February 17, 2013.
Burgeois was tubing at Ski Roundtop that day when he fell off, driving his head into snow and ice, hyper-extending his neck, according to the lawsuit.
The injuries caused him to be paralyzed from the neck down, his attorney wrote in the lawsuit.
Burgeois alleged that the conditions were icy and unsafe and posed a danger to riders.
Burgeois' wife was seeking $50,000 in damages.
In June 2017, Common Pleas Judge Richard K. Renn determined that Ski Roundtop was not at fault, and the claim was dismissed.
In August 2018, a state Superior Court majority upheld Renn's decision. In a dissenting opinion, Senior Judge Eugene B. Strassburger III argued that a jury could find facts that could constitute gross negligence or recklessness.
The state Supreme Court now must decide if the Superior Court decision conflicted with existing law by failing to address the York County court's disregard of expert reports provided by Bourgeois.
— Reach Christopher Dornblaser at firstname.lastname@example.org or on Twitter at @YDDornblaser