Woman sues over plummet from ski lift Posted: Wednesday, Dec 07, 2005 - 09:14:13 am PST By KEITH KINNAIRD News editor
SANDPOINT -- A Kootenai County who broke her spine in a chair lift accident in 2003 is suing Schweitzer Mountain Resort.
Counsel for Caroline M. Herron contends an improperly maintained loading ramp and an inattentive lift operator caused the mishap, according to a complaint filed in 1st District Court on Nov. 21.
Spokane attorney Michael K. Staub said in the negligence suit that his client was being loaded onto a two-person chair at the resort when her outside ski caught in the snow because operators had not "tamped down" the snow on the loading ramp. Staub said Herron's ski was stuck, but the chair began its ascent up-hill.
The force of the chair whipped Herron around backward, prompting her to begin screaming and latch onto the middle post of the chair lift, the complaint said.
"The defendant's operator failed to recognize the situation and stop the chair lift," Staub wrote.
When the lift was finally stopped, Herron was dangling from the chair 20-25 feet above the ground. Staub said the lift operator instructed Herron to kick off her skis and drop from the lift.
Herron did as she was instructed, hit the ground feet-first and fell onto her rear-end, "causing her spine to break," the suit alleged.
The incident happened on Dec. 4, 2003. The lift is not identified in court papers. Schweitzer has four two-person chair lifts.
Staub said Herron suffered permanent and progressive injuries, which resulted in medical expenses. The suit seeks unspecified damages in excess of $10,000.
Herron's suit has similarities to a negligence suit filed in 2004 by an Ohio woman who broke her leg on Chair 1.
Kellie Maxin claimed in court documents her ski boot got knocked off her foot because there was inadequate clearance between the chair and the snow on the loading ramp. She then broke her leg attempting to negotiate the midway unloading ramp on one ski.
Maxin said in the suit she and her husband unsuccessfully attempted to attract the attention of the midway lift operator so the chair could be slowed or stopped.
Mediation was ordered in the Maxin suit and a jury trial was scheduled for June. However, parties on both sides of the case agreed to a dismissal several days before the trial was to start.
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