BRUSH v. JIMINY PEAK MOUNTAIN RESORT, INC.

C.A. No. 07-10244-MAP.

626 F.Supp.2d 139 (2009)

Kelly BRUSH, Plaintiff v. JIMINY PEAK MOUNTAIN RESORT, INC., et al, Defendants and St. Lawrence University, Defendant/Third-Party Plaintiff v. Middlebury College, et al, Third-Party Defendants.

United States District Court, D. Massachusetts.

June 11, 2009.


Attorney(s) appearing for the Case

Michael H. Burke, George W. Marion, Bulkley, Richardson & Gelinas, Springfield, MA, for Jeffrey Pier.

John B. Connarton, Jr., Luke R. Conrad, Donovan Hatem, LLP, Boston, MA, for Barry Bryant.

William J. Dailey, Jr., Lawrence J. Kenney, Jr., Brian H. Sullivan, Sloane & Walsh, LLP, Boston, MA, Robert M. Mack, Morrison, Mahoney & Miller, Springfield, MA, for Williams College.

Thomas E. Day, Edward J. McDonough, Jr., Egan, Flanagan & Cohen PC, Springfield, MA, for St. Lawrence University.

Walter E. Judge, Jr., Robert B. Luce, Downs, Rachlin & Martin, PLLC, Burlington, VT, for Kelly Brush.

David B. Mongue, Donovan & O'Connor, LLP, North Adams, MA, for Jiminy Peak Mountain Resort, Inc.

Robert B. Smith, Nelson, Kinder, Mosseau & Saturley, P.C., Boston, MA, for Middlebury College.

Gerald F. Lucey, Nelson, Kinder, Mosseau & Saturley, P.C., Boston, MA, for Forest Carey.


MEMORANDUM AND ORDER REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT

PONSOR, District Judge.

I. INTRODUCTION

This case stems from a tragic skiing accident that left the plaintiff, Kelly Brush, permanently disabled. The accident occurred during a collegiate ski race on February 18, 2006 when Brush lost control and crashed into a ski lift stanchion just off the trail. In her six-count amended complaint Brush alleges that the severity of...

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