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Show A-13 The Park Record Sat/Sun/Mon/Tues, December 22-25, 2007 Snowbird lawsuit revived Utah Supreme Court may reevaluate accidents covered by waivers Trentadue, a lawyer representing Rothstein. Snowbird attorneys Gordon Strachan and Kevin Simon did | SALT LAKE CITY (AP) - not immediately return a message Skiing is full of risks, and skiers seeking comment. Peter Rietz, a assume the potential for injury Colorado lawyer who is special when they try to navigate a course counsel to the National Ski Areas dcwn a steep mountainside. Association, said the ruling But not all the risks are neces- applies only to Utah resorts. sarily inherent ones, the Utah Snowbird spokeswoman Laura Si preme Court ruled Tuesday Schaffer said the resort doesn't while reinstating a lawsuit filed by comment on pending litigation. a nan who slammed into a poorly In court papers. Snowbird m irked retaining wall of stacked maintained Rothstein skied off a railroad ties. connecting trail to an area that I The high court overturned a was marked off by rope. louver court ruling that said But the rope had a gap, which Snowbird Corp. was protected Rothstein mistook for an from a lawsuit because of two entrance to an open trail. The waivers skier William Rothstein wall Rothstein hit had a light covsigned to get a season pass at the ering of snow and couldn't be popular resort near Salt Lake City. seen. Rothstein survived broken i Rothstein suffered severe inter- ribs, a kidney injury, liver damage nal injuries when he skied into the and a collapsed lung. w^ll at Snowbird in February 2003. Snowbird won the earlier rulRpthstein sued, claiming negli- ing on two releases Rothstein had gence, but a state District Court signed, assuming all risks and rujed in favor of Snowbird, citing specifically mentioning cases thjs releases Rothstein signed. "including the negligence of The Supreme Courts 3-2 decision Snowbird, its employees and Tuesday restores Rothsteins law- agents." suit and clarifies state law. But the Supreme Court decid| "What it will do is to encourage ed that the releases go against a skji resorts to be more careful in state law, which was written to thjeir operations," said Jesse protect resorts by keeping liabiliBy DOUG ALDEN Associated Press Writer ty insurance rates affordable. Resorts are covered by the state's Inherent Risks of Skiing Act, saying skiers assume some risks every time they swoosh down a steep mountainside or trail lined with trees. The law is designed to keep insurance rates affordable for the Unique Gifts • Candles resorts, not shield them from liability all together. Resorts are responsible to insure themselves Now offering for non-inherent risks, the high court said. staging services for The releases Rothstein signed for Snowbird "are contrary' to the realtors & horq^ sellers public policy of this state and are, • therefore, unenforceable," the ruling said. Resale in a Retail setting Associate .Chief Justice Michael Wilkins, who cast one of without retail prices the two dissenting votes, noted that nothing in the state law says ski resorts can't shield themselves 2015 Sidewinder Drive from lawsuits for non-inherent 435.647.0099 risks. "In fact, the text is silent about whether an individual may or www.parkcityconsignment.com may not sue a ski area operator on some other basis," Wilkins 10 am - 6 pm Mon - Fri wrote. 10 am - 5 pm Sat Speaking from Dillon, Colo., Rietz said there are trade-offs when a skier gets a season pass. "Part of the consideration when you get a discounted pass is you have to sign a waiver that provides some additional protection for the resort," he said. "If you don't want to release liability you can buy a day ticket." Consign & Design • Home Furnishings A friendly reminder from Park City Municipal Corporation George fault may be active • An active fault near St. George, Utah, may be more aqtive than previously thought. TJie Utah Geological Survey (UGS) is currently studying the Wjashington fault, which transacts the St. George basin from ncjrth to south and trends directlyt through the City of W{ashington, and close to St. It is that time of the year again. All fees for beer and liquor licenses must be paid on or before: Monday, December 3 1 , 2007 by 4:00 P.M. BUSINESSES THAT DO NOT HAVE A VAUD IICENSE AT THAT TIME MUST CLOSE ALL BEER AND UQUOR* RELATED ESTABLISHMENTS AT MIDNIGHT ON MONDAY, DECEMBER 3 1 * , 2 0 0 7 . George. '•The goal of the Paleoseismic Reconnaissance of the Washington Fault is to determine ju^t how active the fault is and how great of an earthquake hazard it represents to Washington County. "A lot of development is] taking place along the fault, and a lot more will take place if the Lake Powell pipeline is ever bi)ilt," says Bill Lund, UGS Sdnior Scientist a-fid -Southern Utah Regional Geologist. "Accent trenrfr exposures indicant it may be more persistently adi^e and more recently active therh previously thought." J8t. George and Washington Cijfcnty n a ve been repeatedly identified as among the fastest growing communities and areas infjhe United States. The countv $» population is expected to ro,u^hly triple over the next 30 yejars to more than 400,000 peoplfV The nearby active Hurricane fault has long been refcOgnized as a potential source of! large earthquakes. If the Washington fault, which is closer toiSt. George than the Hurricane We would like to thank everyone in advance for complying with Park City Municipal's beer and liquor ordinance. For questions and/or concerns, please contact us: 435-615-5225 • • •• PHOTO COURTESY OF THE UTAH DEFARTMENT OF NATURAL RESOURCES The Washington fault, which transects the St. George basin from north to south, is currently being studied by the Utah Geological Survey. The fault line may be more active than previously thought. fault, proves to be more active than previously thought, the recognized earthquake hazard in southwestern Utah could increase significantly. "Right now, we don't know how active the Washington fault is, but if what we suspect is true, the Washington fault may eventually be added to the United State Geological Survey National Earthquake Hazard Maps," according to Lund. "Our goal is not to scare people, but rather to make sure the earthquake hazard is adequately characterized and that people are aware of the potential hazard." The Washington fault was added to a list of high priority faults to study due to its proximity to major development. The study is expected to be complete by the end of summer 2008. Information submitted by Tammy Kikuchi at the Utah Department of Natural Resources. OLYMPIAN AND WORLD CUP CHAMPION i January 4-6,2008 mm**-* February 1-3,2008 or March 7-9, 2008 DEER CREST LOT 88 TRAH5IDE CONDO Great view of [he Jonfanclk and dituM roounuin imps. Thii home .tiie u parr of the (voild ciiii Deer Valley Ski Rnon. I'rmic uid gaicd scccu on J large !tx cuiroundtti by niturjl variation and v-ilcj life yet convenient lo ill ihc jiricniiicj u\d M-iin Siren iKopping irui rctuurinu. Prir/J 41 $1,715,000. OJlle.tr. Spidouf 4 bed, 5.5 haih rowrdiomc u •* btii buy for Silver Lake. Ski out on tlic ild bridge from your contlo IO Li>[ Ounce iki run. Miner bedroom in indudo W h e n bidiroomi tnd dovcu, J nonefireplace,and view* to Town. The Lr^e kirthen dining and grcj) loom ire ptrt"c<i fur entcrciininp. Enjoy ihc convenience of Silver 1 jJte Village, iciduranu and ihofw. Two I j i p dttlti: The upper ii plumbed for a gu grill; ih< lower endowed deck h.u J privair hoi rub. Gjragt JJ licsied. PrictJa: St.713,000. Gdltoitt. GREAT SNTOERS MILL HOME! DEER VALLEY C O N D O TJiii any 3 bedroom, wiih daigjier touckev hn hid lou of TI.C f-'eamrej include Rock fircplitc in tlit family room. Hii/hcn dracu in the mutci bedroom. Jcited tub and double linki in ihc nuuer bull, A brgc private demand cxccpiioiul hixlscajjing. PrittJai S628.000. Call to ut. Thii 2 bedroom condo if located nejr ihc jki rcjorts. Main Sit«t shopping and rcxuuranu, on the but route Jtid jdjjceni to (he hiking, biking trail ivMcm. h i> fully furnithcil. with granite Si l i k counter lapi. i jeticd tub. (late and carpet flooring. The hot tub i i in a private Ioc3iion. Parking i i privarc and coded entry. A great ntluf, pr'ueJ at $499,900. Call to Ift. Chris Eberlein Associate Broker I I .435-640-2131 chrise@lw.com www. DVrealestate.com 1750 Sun Peak Drive Park City, UT 84098 NEW ON THE MAHKETI Thii ipaciout 4 btdroom 3 bath home feature* » main level matter mite, a grtar room with a gu fire pUcc, a living room and a family room, pirn a walk out lower level waiting for your pcnorul rouch. It u foully fenccdjui RV pirking md a cmtred porch. The finUhct indudc granite tile and ilace. There are view* of the mountain* and the mndowi. Tbe community it conveniently located. J $324,000. Oil to xt. Choose 3 Ralnx with aver 26 years ofexpaimo: hdping people find propenics uniquely suited to dirir specific nods KELLER WILLIAMS PARK CITY HKAI. ESTATE Holly has been directing women's workshops for many years and knows how to provide a dynamic learning experience. The workshops are unique because they enable women to improve their skiing in an atmosphere of support and friendship. Many come back year after year and have made lifetime friendships with other participants. The clinics are fun, challenging, and give women the confidence to expand their ski horizons. |