A September 2008 ruling by the Superior Court of Pennsylvania permitted a Pennsylvania personal injury victim to proceed with her litigation against a ski resort. A woman and her children went to Camelback in the Poconos to go snow tubing at their family tubing slopes. After a trip to the bottom of the slope, she stood up and was slammed into by another snow tube. The PA personal injury victim suffered multiple comminuted fractures of her right leg which required surgery.
Her Pennsylvania personal injury lawyer sued Camelback Ski Corp. claiming that their employees had acted recklessly. The defense attorney filed a motion with the Court of Common Pleas of Monroe County requesting a dismissal of the lawsuit. Their defense was based upon a signed release and language on the reverse side of the lift ticket.
Judge Arthur Zulick ruled in favor of Camelback. The Superior Court overruled the Monroe County PA trial judge stating that the release form did not prevent a lawsuit based on reckless conduct of the employee. They also noted that the lift ticket language was barely legible and had not been read by the Pennsylvania personal injury victim. Tayar v. Camelback Ski Corp., 957 A.2d 281 (Pa. Super. 2008)
