Soderberg v. AndersonAnnotate this Case
The Supreme Court in this negligence case decided not to extend the doctrine of implied primary assumption of risk, which is a complete bar to tort liability, to recreational skiing and snowboarding, thus affirming the decision of the court of appeals concluding that the district court erred in granting summary judgment to Defendant.
Plaintiff, a ski instructor, was struck by Defendant, an adult snowboarder performing an aerial trick, while Plaintiff was teaching a young student in an area marked “slow skiing area.” Plaintiff sued Defendant for negligence. The district court granted summary judgment for Defendant, concluding that under the doctrine of implied primary assumption of risk Defendant owed Plaintiff no duty of care. The court of appeals reversed after assuming that the doctrine of implied primary assumption of risk generally applies to actions between skiers, holding that material fact issues precluded summary judgment. The Supreme Court affirmed on different grounds, holding that the doctrine of implied primary assumption of risk does not extend to recreational downhill skiing and snowboarding. The Court remanded the case.