A lawsuit against Sugarloaf Mountain by a former Delaware state senator who was injured along with members of his family in a 2010 chairlift accident is moving forward after the court rejected a counterclaim filed by Sugarloaf.
Michael and Patricia Katz, sued on behalf of themselves and their two daughters after the December 2010 accident that resulted in serious injuries to several people who were using the lift.
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Five chairs derailed and their occupants fell 25 to 30 feet to the ground on Dec. 28, 2010. There was high wind early in the day that kept the lift closed, but it was deemed safe and opened mid-day.
A court ruling by Justice Nancy Mills in Franklin County Superior Court threw out a claim that would have made Michael Katz liable to Sugarloaf for any money awarded to his daughters for their injuries because he signed a liability waiver on behalf of the girls, Abigail and Emily, then 13 and 11, as part of the family’s purchase of a season pass to the ski resort.
The judge also dismissed two counts of the lawsuit that would have allowed the injured family to claim that the ski resort was liable for the injuries without proving that it was negligent in operation of the ski lift.
Michael Katz suffered a broken back and traumatic brain injury in the accident. He was the most seriously injured of eight people hurt at the Carrabassett Valley ski resort when the chairlift collapsed.
The Katzes are the only people injured in the accident to sue Sugarloaf. Others involved in the accident reached out-of-court settlements with Sugarloaf for undisclosed amounts.
Katz is suing also on behalf of his daughters.
The lawsuit, filed in October, alleges Sugarloaf was negligent when it operate the lift despite knowledge of its safety hazards and failed to inspect and maintain the chairlift and train employees to operate it safely.
“The real issues in this case are liability to the Katzes and what are their damages,” said Evan Hansen, the attorney for Sugarloaf.
Hansen said the two sides are in the early phases of preparing for a trial in the case and have informally exchanged information about the case.
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