ULISSEY v. SHVARTSMAN

Nos. 94-1283, 94-1382 and 94-1418.

61 F.3d 805 (1995)

Catherine ULISSEY, Plaintiff-Appellee/Cross Appellant, v. Alexander SHVARTSMAN, Defendant-Appellant/Cross Appellee.

United States Court of Appeals, Tenth Circuit.

August 1, 1995.


Attorney(s) appearing for the Case

James H. Chalat, Chalat & Co., P.C., Denver, CO, for plaintiff-appellee/cross appellant.

William H. ReMine, III, Montgomery Little & McGrew, P.C., Englewood, CO, for defendant-appellant/cross appellee.

Before MOORE, Circuit Judge, LOGAN, Senior Circuit Judge, and DAUGHERTY, Senior District Judge.


JOHN P. MOORE, Circuit Judge.

This appeal questions whether the district court properly granted summary judgment. Concluding there are material facts in controversy, we reverse.

I.

Invoking diversity jurisdiction, plaintiff Catherine Ulissey sued Alexander Shvartsman, alleging he negligently collided with her while they were skiing on Snowmass Mountain at Aspen, Colorado. Ms. Ulissey claimed, as the uphill skier, Mr. Shvartsman failed to maintain...

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