FETZNER v. PEAK


1995 Mass. App. Div. 55 (1995)

Charlee Fetzner v. Jiminy Peak, The Mountain Resort

Massachusetts Appellate Division, Western District.

May 1, 1995.


Attorney(s) appearing for the Case

John M. Von Mehren for the plaintiff.

J. Norman O'Connor and David B. Mongue for the defendant.

Present: LoConto, P.J., Gelinas & Brennan, JJ.


Gelinas, J.

This report challenges the correctness of a trial judge's allowing Jiminy Peak, The Mountain Resort's (defendant) motion for summary judgment. Charlee Fetzner (plaintiff) brought an action for damages resulting from a fall at defendant's ski resort. The report sets forth certain undisputed facts determined by the judge at a hearing on the motion for summary judgment. While we do not have before us by reference or otherwise the pleadings or other foundational...

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