In Teen v. Terrain Park (Calif. Sup. Ct.) Mike Kelly, Andrew McDevitt and Valerie Rose represented a 15-year-old snowboarder who suffered orthopedic injuries and a severe brain injury while snowboarding. The minor snowboarded off of park property towards his lodging when he encountered an unmarked 20 foot high drop-off created by snow removal equipment on adjacent private property. Unbeknownst to plaintiff, the snow pack terminated at the edge of an embankment above a paved roadway. The defendants disputed whether the park boundary was properly marked, and whether the drop-off and pavement below were discernable from the plaintiff’s perspective as he descended the mountain. Plaintiff required multiple surgeries, remained in a coma for months, and is now permanently disabled. Defendants included the terrain park owner, the owner of the roadway, the homeowners’ association that commissioned the snow removal and the owners of the private lots plaintiff crossed over after leaving park property. The Walkup team successfully defended seven different summary judgment motions, including two alleging that the claim was barred by the assumption of risk doctrine. After completing more than 60 depositions and multiple mediation sessions, the case resolved for $13,200,000.
