On February 11, 2018, C.F. was skiing on the skier’s right side of Andrews run as he passed the treeline on the right side of lower Sashay, and continued slowly on Andrews while looking down Sashay eyeing a location to drop in. As C.F. began turning towards Sashay, intending to enter Sashay on the left (far) side of Sashay, Mr. Anderson attempted to pass him on the right and collided into his back right side, knocking C.F. into the first tree on the left side of Sashay. He landed on his back with his left thigh against the tree, feet uphill, and head downhill. C.F.’s statements to his medical providers are consistent, that he was “struck from behind by another skier.”
Given the topography of the area of the collision, a reasonably prudent skier would always pass on the uphill side, as a pass on the uphill side could not possibly cause a collision with a skier turning from Andrews onto Sashay. If Mr. Anderson could not pass safely, he should not have attempted to pass at all. As the uphill skier, Mr. Anderson had the primary duty to “maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers.” C.R.S. § 33-44-109(2).
C.F. developed a traumatic compartment syndrome in his left leg, requiring emergent surgical intervention and extended hospitalization.
The case settled in June 2018, pre-filing, for policy limits of $305,000