Attorneys for Mt. Bachelor Ski Resort and injured snowboarder Myles Bagley met Tuesday before Deschutes County Circuit Judge Stephen Forte, a day nine years in the making. But as is often the case in court proceedings, there was another postponement, of several months.
In 2006, then 18-year-old Bagley went off a jump at Mt. Bachelor’s terrain park. He landed badly, in a way that left his legs paralyzed.
Bagley’s negligence lawsuit against the resort, claiming improper design and setup, initially was thrown out of court because of the risk release form he signed on his season pass, a liability waiver that is typical in the ski resort industry.
But Bagley and his attorneys took the case to the appeals court, and it made its way all the way to the Oregon Supreme Court.
Late last year, the Court, in a decision that drew wide attention, ruled the resort’s release was not enough to dismiss the claims. Now, the case returns to the trial court and proceeds to a jury trial.
The case has garnered national attention. The Oregon Legislature had been considering legislation designed to protect ski resorts from release issues, but the proposals did not make it out of committee.
Meanwhile, the pre-trial hearing in Bagley’s lawsuit has been pushed back to October, so attorneys can continue working to gather evidence, such as those who were there and can tell what they saw nearly a decade ago.