Mary Lou Selsby v. Mammoth Mountain Ski Area
Published: Oct. 2, 1999 | Result Date: May 20, 1999 | Filing Date: Jan. 1, 1900 |Case number: 11736 – $0
Judge
Court
Mono Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Christopher Jessen
(medical)
Richard C. Penniman
(technical)
Defendant
Tom Nichols
(technical)
David Gierman
(technical)
Bill Cockcroft
(technical)
Facts
On Feb. 14, 1995, plaintiff Mary Lou Selsby, a 54-year-old high school guidance counselor, and her husband purchased a half-day lift-ticket for defendant Mammoth Mountain Ski Area. The plaintiff and her husband were experienced skiers and had skied at Mammoth Mountain for over 25 years. During that 25-year period, the plaintiff and her husband rode many chairs at the ski area, including Chair 15, which accessed intermediate terrain. On the date of the accident, the plaintiff and her husband loaded and rode Chair 15 at approximately 12:30 p.m. without incident. They skied back down to the bottom of Chair 15 and attempted to load a second time. This time, however, the plaintiff claimed the chair struck her above the buttocks and knocked her to the ground, injuring her. The plaintiff brought this action against the Mammoth Mountain Ski Area based on common carrier.
Settlement Discussions
The plaintiff made a settlement demand for $350,000, with an indication that she would accept $250,000. The defendant made a settlement offer of $15,000, raised to $50,000 during trial, then withdrawn.
Specials in Evidence
$30,000 $10,000 $10,000
Damages
The plaintiff asked the jury to award $850,000.
Injuries
The plaintiff suffered a shattered left shoulder, requiring a prosthetic replacement and resulting in permanent nerve damage. The plaintiff also has disminished strength and range of motion in her shoulder which amounts to a permanent disability.
Other Information
The verdict was reached approximately three years and two months after the case was filed. The plaintiff's motion for new trial was denied.
Deliberation
one hour
Poll
11-1
Length
seven days
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