On February 14, 2004, Mr. Omohundro and Ms. Doud-Lacher were skiing at A-Basin in Colorado. Both were considered "skiers" pursuant to the Colorado Ski Safety Act. C.R.S. § 33-44-103(8).
Mr. Omohundro was stopped to assist a fallen skier in an area downhill of defendant on a trail known as Slalom Slope Flats/Desert. He was plainly visible to skiers above.
Ms. Doud-Lacher was skiing at a higher rate of speed, out of control and from uphill of the Mr. Omohundro. She lost control and skied into Mr. Omohundro, causing him to fall and to be injured.
Mr. Omohundro suffered a fracture to his left midshaft fibular and a non-displaced left radial head fracture. He had an uncomplicated full recovery as to the left radial head fracture. However, the left fibular fracture did not resolve, and on March 17, 2005 he underwent a anterior and lateral compartment release procedure on his left leg to resolve left leg compartment syndrome. On April 7, 2005 plaintiff returned to the operating room for a left leg hematoma evacuation, and biopsy.
The lawsuit was filed in state district court in Jefferson County in December, 2005. The case settled in March, 2006 for policy limits of $101,000.00.
Past results are no guarantee of future results.