State's high court says injured bobsled passenger can sue
In a ruling issued Tuesday, the state's high court said because James Pearce signed the form, he is barred from suing the foundation for simple negligence but can try to convince a jury that it was reckless to a degree that they showed utter indifference to his safety.
In February 2003 Pearce, 59, thought it would be fun to go down the bobsled run with his son. The two paid $200 each for tickets. Before going down, Pearce signed a document acknowledging he was about to take part in a risky activity. He was then briefed by Winter Sports Park staff about the ride and told he would experience as much as 4 or 5 Gs around some turns with speeds up to 82 mph. During the ride, Pearce says he broke his back.
In his suit, Pearce accused the park staff of lapses in safety. Among those claims, Pearce pointed out that three other people had suffered serious spinal injuries in the previous three months with no evidence that park staff had investigated any possible cause.
Park staff say the bobsled run and sleds conform to international standards and sleds are driven by world cup-class drivers.
The case has been remanded back to the district court for further hearings.
E-mail: gfattah@desnews.com
Recent comments
I certainly would have wanted to know about the 3 prior serious spinal...
bobby S | Feb. 13, 2008 at 11:03 a.m.
If the run or sled was in disrepair or the safety equipment not up...
Anonymous | Feb. 12, 2008 at 8:33 p.m.
You have to know there is a good chance of something happening while...
GET REAL! | Feb. 12, 2008 at 3:02 p.m.
