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STAMP v. VAIL CORP.

No. 07SA65.

172 P.3d 437 (2007)

In re Aaron STAMP and Kelly Stamp, Plaintiffs v. The VAIL CORPORATION, a Colorado corporation, d/b/a Vail Associates, Inc.; and Mark Chard, Defendants and Terry Delliquadri, Third Party Defendant.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 17, 2007.

Attorney(s) appearing for the Case

Purvis, Gray & Murphy, LLP, James G. Heckbert, William R. Gray, Lettunich & Vanderbloemen, LLC, John A. Vanderbloemen, Steamboat Springs, Colorado, Attorneys for Plaintiffs.

The Rietz Law Firm, LLC, Peter W. Rietz, Kimberly A. Viergever, Dillon, Colorado, Attorneys for Defendants.

Justice BENDER delivered the Opinion of the Court.

I. Summary

In this original proceeding, we review the trial court's ruling that recovery of compensatory damages in a skiing-related wrongful death action is limited by the Ski Safety Act's damages cap provision, and not by the Wrongful Death Act's damages cap provision.1 Under Petitioners' theory of recovery, the felonious killing exception...

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