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SWENSON v. SUNDAY RIVER SKIWAY CORP.

No. 95-2273.

79 F.3d 204 (1996)

Joel W. SWENSON, Plaintiff, Appellant, v. SUNDAY RIVER SKIWAY CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 19, 1996.

Attorney(s) appearing for the Case

Graydon G. Stevens, with whom Kelly, Remmel & Zimmerman, Portland, ME, Gary D. McQuesten, and Valsangiacomo, DeTora & McQuesten, P.C., Barre, VT, were on briefs, for appellant.

Elizabeth J. Wyman, with whom Evan M. Hansen and Preti, Flaherty, Beliveau & Pachios, Portland, ME, were on brief, for appellee.

Before BOUDIN, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

Maine has chosen to exempt ski areas from liability for actions for injuries resulting from risks "inherent" in skiing. The statute, 26 M.R.S.A. § 488 (West 1988), does, however, permit actions for injuries actually caused by the negligent operation or maintenance of the ski area. The question presented is whether a skier who was injured when he fell negotiating moguls not visible from a "breakover"1 just above...

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