A Pennsylvania personal injury victim was able to proceed with her lawsuit versus a Monroe County PA ski resort as a result of a September 2008 legal decision of the PA Superior Court. A mother and her children went to the Poconos to go snow tubing at Camelback. They were using the family tubing slopes and at the end of their run, the woman stood up and was struck by another snow tube. The Pennsylvania personal injury victim suffered numerous comminuted fractures of her leg which required surgery.

The Pennsylvania personal injury attorney filed a lawsuit against Camelback Ski Corporation alleging that their employees had acted recklessly. The defense lawyer filed a Motion for Summary Judgment with the Court of Common Pleas of Monroe County demanding a dismissal of the legal action vs. Camelback. The defense claimed that a signed release and language on the back side of the lift ticket should result in the dismissal of the personal injury lawsuit.

The Pennsylvania Superior Court reversed the decision by Judge Arthur Zulick in favor of Camelback. The Appeals Court stated that the release form did not prevent a lawsuit versus the Monroe County business since reckless conduct by an employee was not specifically discussed in the release. The PA Superior Court pointed out that the lift ticket language was so small that it was nearly illegible and the PA personal injury victim stated that she did not read it prior to her accident. Tayar v. Camelback Ski Corp., 957 A.2d 281 (Pa. Super. 2008)

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