Marybeth Atkins v. Jiminy Peak, Inc.

Notable Items:

Plaintiff: Marybeth Atkins
Defendant: Jiminy Peak, Inc.
Venue: Massachusetts Supreme Judicial Court

Issue(s) Beofore the Court:

Is an action by an injured skier against a ski area operator governed by the one-year limitation of actions provision of G.L.C 143, 71P where the plaintiff's theories of recovery are negligence and breach of warranty, as well as breach of contract, in the renting of defective ski equipment?

Plaintiff's Claim(s):

The plaintiff thus contends that the statute does not bar her lawsuit because her action ... brought against defendant solely in its capacity as a lessor of ski equipment, not under 71N.

Defendant's Claim(s):

The defendant moved for summary judgement on the ground that the plaintiff's action was barred by the statute of limitations.

Holding(s) and Disposition:

Held: Yes. An action by an injured skier against a ski area operator is governed by the one-year limitation of actions provision of G.L.C 143, 71P.
Disposition: Judgement affirmed.

Material Facts:

... alleged that plaintiff sustained serious injuries while skiing at the defendant's ski resort,
and that those injuries were caused by defective ski equipment she had rented from the rental facility on the premises.
... defendant had not inspected or adjusted the equipment, and this failure amounted to negligence and breach of contract.

Procedural History:

Original complaint filed on December 5, 1984, alleged that on March 20, 1982, plaintiff sustained serious injuries while skiing at the defendant's ski resort, and that those injuries were caused by defective ski equipment she had rented from the rental facility on the premises.
... defendant had not inspected or adjusted the equipment, and this failure amounted to negligence and breach of contract.
Amended complaint filed on February 14, 1986, the plaintiff added counts allgeging that the defendant had breached warranties of merchantability and fitness for a particular purpose.
The defendant moved for summary judgement on the ground that the plaintiff's action was barred by the statute of limitations.
... Superior Court granted the motion, and the plaintiff appealed.
We transfer the case to this court on our own motion, and now affirm.

Rationale

Majority Opinion

The text of the statute, then, seems fully to support the decision of the Superior Court judge. [if one ignores definitions of "ski area operator" and "ski area" explicitly excluding base lodges, etc. see Liacos Dissent.]
The plaintiff thus contends that the statute does not bar her lawsuit because her action ... brought against defendant solely in its capacity as a lessor of ski equipment.
We do not interpret the statute in this limited way.
Rather, we conclude that the one-year limitation in 71P applies to all personal injury actions brought by skiers against ski area operators arising out of skiing injuries.
The Legislature appears to have concluded that ski area operators require more protection ... a short period for the commencement of skier's personal injury actions against ski operators ... is in the public interest ....
... Superior Court judge correctly concluded that the plaintiff's action was time barred [due to 71P].
A full description of the rationale is available below

Liacos Dissent (Wilkin, Abrams)

The court's interpretation of G.L.C 143, 71P is too broad.
... Legislature did not intend to protect the ski area operators from claims for all harm which occurs in connection with skiing accidents, regardless of where the negligence that caused the harm takes place.
... this court decided ... that G.L.C 143, 71P ... did not apply to wrongful death actions arising from injuries on the ski slope. Grass v. Catamount Dev. Corp., (1983)
... the extends protective provisions ... simply because it occurred at the base of a ski area and was conducted by the operator of the ski slope.
... a ski area operator is defined in G.L.C. 143 71I(6) as "the owner or operator of a ski area."
... "a ski area" is defined as but shall not include base lodges, ... other portions of ski areas used by skiers when not actually engaged in the sport of skiing."
The alleged negligence and breach of warranty that occurred in this case happened in the rental shop in the base lodge area.
The rental shop is an area excluded from the purview of G.L.C. 143, 71P, and thus ... one-year statute of limitations do not apply.
The statute does not apply where the alleged negligent behavior occurs when the ski area operator is acting as a restauranteur, barkeeper, parking lot owner, souvenir vendor, or as is the case here, rental agent.
For this reason I would reverse the judgement of the Superior Court.

Majority Full Argument

The text of the statute, then, seems fully to support the decision of the Superior Court judge.
The plaintiff argues, however, that the statute should be construed as governing only the actions based on a defendant ski operator's violation of those duties prescribed by G.L.C 143, 71N.
... that ski areas be maintained and operated in a reasonably safe manner, and prescribes the method by which skiers must be warned about the presence of equipment and vehicles on the slopes and trails.
The plaintiff thus contends that the statute does not bar her lawsuit because her action ... brought against defendant solely in its capacity as a lessor of ski equipment.
We do not interpret the statute in this limited way.
... one-year limitation in 71P applies to all personal injury actions brought by skiers against ski area operators arising out of skiing injuries.
... "had rented skis from an independently operated ski rental shop which leased space in the Defendant's base lodge, such an independant rental shop could not defend against the plaintiff's action by relying upon Section 71P.
The Legislature appears to have concluded that ... a short period for the commencement of skier's personal injury actions against ski operators ... is in the public interest ....
... Superior Court judge correctly concluded that the plaintiff's action was time barred.
The core of the rationale is available above