Donovan v. Sutton
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The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Defendants in this personal injury action, holding that, under the circumstances of this case, Defendants were not negligent.
A nine-year-old beginner skier collided with Plaintiff on the "First Time" ski run in Park City. Plaintiff sued the child and her parents, asserting claims for, inter alia, negligence and negligent supervision. The district court granted summary judgment in favor of Defendants. The court of appeals affirmed. The Supreme Court affirmed, holding (1) while a person has a duty to exercise reasonable care while skiing, a nine-year-old beginner skier on a beginner ski run is held to the standard of care commensurate with children of the same age, experience, and intelligence under similar circumstances; and (2) Plaintiff did not carry her burden of showing that Defendants were negligent under the circumstances of this case.
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