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COOPER v. ASPEN SKIING CO.

No. 00SC885.

48 P.3d 1229 (2002)

David COOPER and Michael Cooper, Petitioners, v. The ASPEN SKIING COMPANY; The Aspen Valley Ski Club; John McBride, Jr.; and the United States Ski Association, Respondents.

Supreme Court of Colorado, En Banc.

June 24, 2002.

Attorney(s) appearing for the Case

Freeman & Freeman, Martin H. Freeman, Klein-Zimet, P.C., Herbert S. Klein, Michele Nelson Bass, Aspen, Colorado, Attorneys for Petitioners.

Higgins, Hopkins, McLain & Roswell, LLC, Stephen Hopkins, David McLain, Geoffrey N. Blue, Lakewood, Colorado, Attorneys for Respondents The Aspen Skiing Company; The Aspen Valley Ski Club; and John McBride, Jr.

Rietz and Smith, LLC, Peter W. Rietz, Jere K. Smith, Dillon, Colorado, Attorneys for Respondent United States Ski Association.

Chalat Law Offices, P.C., James H. Chalat, Denver, Colorado, Attorney for Amicus Curiae Colorado Trial Lawyers Association.

Justice RICE delivered the Opinion of the Court.

In 1995, petitioner David Cooper, then seventeen, suffered injuries, including blindness, when he lost control and crashed into a tree while training on a ski race course. David and his parents filed suit against the Aspen Valley Ski Club Inc. and David's coach, John McBride, Jr., (Defendants) alleging, among other claims, negligence. The trial court determined as a matter of law pursuant to C.R.C.P. 56(h) that a release...

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