Major Victory For Injured Snowboarder - Moss & Colella
Court Upholds “Plain Meaning” of Statute; Proves Major Victory For Injured Snowboarder
After a year of litigation, the case came to a screaming halt over whether Shane could recover damages if he was found to be more than 50% at fault for his accident. The parties briefed the issue and presented oral argument on February 5, 2016 before a Charlevoix County Circuit Court Judge. Emphasizing the clear language of the statute, we argued that an injured skier could still recover damages even if they were more than 50% at fault, but less than 100% (a standard recognized as “pure comparative negligence”). The court agreed, stating, that in applying the principles of statutory interpretation, “specific statutes are given priority over general ones.” The Court declined to adopt the “modified” approach and recognized that the “pure” standard was required. Despite prior ancillary opinions that merely suggested the 50% bar did not apply, this is the first time in the 54 year history of the statute that a court expressly ruled in favor of a pure comparative standard.
While this may not be watershed moment for recreational skiers to slam the industry with litigation, it is certainly a victory for those skiers and boarders who have been injured and foreclosed from recovering a fair proportion of their damages.
For more information on the incredible spirit and resolve of Shane, you may find his story at #shanewill.
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