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RANTAPAA v. BLACK HILLS CHAIR LIFT CO.

No. 21718.

633 N.W.2d 196 (2001)

2001 SD 111

Rocky D. RANTAPAA and Margie B. Rantapaa, Individually and as Guardian Ad Litem of Matthew Rantapaa, a minor, Plaintiffs and Appellants, v. BLACK HILLS CHAIR LIFT CO., Plaintiff d/b/a Terry Peak Ski Area, Defendant, Third Party Plaintiff and Appellee, v. Curtis Allen, Third-Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 22, 2001.

Rehearing Denied September 28, 2001.

Attorney(s) appearing for the Case

Kennith L. Gosch of Bantz, Gosch, Cremer, Peterson & Sommers, Aberdeen, SD, Gregory A. Eiesland of Johnson, Eiesland, Huffman, & Clayborne Law Firm, Rapid City, SD, Attorneys for plaintiffs and appellants.

Jay C. Shultz and Steven J. Oberg of Lynn, Jackson, Shultz & Lebrun, Rapid City, SD, Attorneys for defendant and appellee Black Hills Chair Lift Co., d/b/a Terry Peak Ski Area.

J. Crisman Palmer of Gunderson, Palmer, Goodsell & Nelson, Rapid City, SD, Attorneys for appellee, Curtis Allen.

CALDWELL, Circuit Judge.

[¶ 1.] Rocky and Margie Rantapaa (Rantapaa), guardians ad litem for Matthew Rantapaa (Matthew), appeal a verdict in favor of the Black Hills Chair Lift Company (Black Hills Chair) in their action for negligent design and operation of the Terry Peak Ski Area. We reverse and remand.

FACTS

[¶ 2.] Black Hills Chair owns and operates the Terry Peak Ski Area which is open to the public for a fee.1

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