"Gross negligence requires proof of conduct substantially more distant from the appropriate standard of care than does ordinary negligence," the justices wrote in their opinion.

While justices dismissed Berry's allegations that the resort did not take adequate steps for safety, they sent the case back to the trial court, saying he still could sue for gross negligence.

A spokesperson for Park City Mountain Resort and Berry's attorney Richard Van Wagoner both declined to comment.

Even the sport of everyday skiing has come under high court scrutiny. Earlier this month the Utah Supreme Court ruled that although an injured skier signed a liability waiver in obtaining a season ski pass to Snowbird, the law does not protect resorts from all liability.

In the 3-2 decision, the high court noted that resorts, while afforded some liability protection under the law, still are expected to maintain a high standard of safety for skiers. The court reinstated a suit filed by a skier who slammed into a retaining wall of stacked railroad ties that was covered by snow, suffering broken ribs, a kidney injury, liver damage and a collapsed lung.

Liability also can become a legal issue in other winter sports.

In February 2003, James Pearce, 59, thought it would be fun to go down the bobsled run with his son. The two shelled out $200 each for tickets.

While waiting for the ride, Pearce was given a document to sign. He was briefed by Utah 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 miles per hour. During the ride, Pearce says, he broke his back, and he blamed the park for insufficient briefing and safety. Later, Pearce found that in the three previous months three people had suffered "serious spinal injuries," including compression fractures.

In his suit, Pearce alleges that the sports park staff had never tried to find out the cause of these back injuries and that because they knew about them, they were negligent.

According to court documents filed by the sports park, the bobsled track is routinely inspected for safety, and the public rides are staffed by "World Cup-level drivers." The staff also had created an orientation for people, which includes a video and oral presentations about safety. Part of that orientation included a warning for passengers with neck, back and spine problems. At the time, Pearce had some history of back problems.

The Utah Supreme Court has yet to rule on the case.