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Sun Valley Wrongful Death Lawsuit Decided by Idaho Supreme Court
A favorite of Ernest Hemingway, Sun Valley, Idaho, bills itself as "America's first destination ski resort."Photo: Jannik Schneider/Getty Images

The Idaho Supreme Court has ruled in favor of Sun Valley Resort, dismissing a wrongful death lawsuit against the ski resort by Laura Milus, whose husband died in a collision with a snow gun in 2019.

The case was first heard by a district court that decided based on Idaho’s ski area liability law that Sun Valley had fulfilled its duty in marking its snowmaking equipment with yellow padding. The district court also determined that Sun Valley didn’t have a duty to place a notice at the top of the trail where Milus’ husband hit the snow gun because the gun wasn’t in use.

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Milus appealed, arguing that the district court had misinterpreted the law and incorrectly ruled on facts that should’ve involved input from a jury.

Her appeal was brought before the Idaho Supreme Court who, in December 2023, issued an opinion that sent shockwaves through the state’s ski industry: a jury should evaluate Sun Valley’s responsibility in the collision.

Historically, skiers in Idaho had been responsible for their own safety when it came to colliding with trees, clearly marked objects, and other slopeside obstacles. But the Idaho Supreme Court had shaken up that legal foundation.

Ski resorts feared that this would mean they no longer had legal protections from lawsuits, leading to higher liability insurance costs and more legal action.

Sun Valley filed for a rehearing, leading to the Idaho Supreme Court’s latest ruling this Wednesday, which aligned with the district court in that it dismissed Milus' lawsuit against the ski resort.

A question mark remains, though. Even as it dismissed the lawsuit, the Supreme Court stuck to an aspect of its 2023 ruling, the Idaho Capitol Sun reports.

The Court maintained that ski areas do, in fact, have a “standard of care” in carrying out several directions outlined by state liability law, like marking trail maintenance vehicles with rotating lights or placing signs in areas where snowmaking is taking place. The extent to which ski areas adhere to these precautions, then, might be the subject of more lawsuits involving injuries on the slopes.

This prompted a partial dissent from Justice Cynthia Meyer. Meyer agreed with the final outcome of the Court’s opinion, but questioned Section A of the ruling, arguing that the Idaho's ski liability laws specifically say “that the operator will not be held to ‘any standard of care’ in accomplishing activities undertaken to eliminate, alter, control, or lessen risks inherent in skiing.”

This article first appeared on Powder and was syndicated with permission.

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