Malaguit, 19, was a high school sophomore while visiting Ski Sundown on Feb. 17, 2006, when he lost control coming off a man-made jump in the terrain park on the ski area’s Exhibition run, subsequently landing on his head. His injuries left him paralyzed from the chest down. Malaguit and his family sued Ski Sundown for compensation for his permanent injuries.
In the plaintiff’s closing arguments, the attorney claimed that one reason for Ski Sundown’s negligence was the fact that there was no terrain park fence. The defendants argued that Malaguit made his own decision to go over the terrain feature, and that fences do not keep people out of the terrain park, they keep traffic from crossing through and disrupting the park.
Jurors came to a verdict favoring Ski Sundown on Tuesday. The plaintiffs, Malaguit and his mother Nona, were awarded no compensation for the injuries suffered after the jury came to a unanimous decision favoring the defense. The jurors deliberated for approximately one hour and 15 minutes.
There was no argument or motions filed at that time by the plaintiff’s attorney. Nothing indicated Monaco would file an appeal in the case. The plaintiff’s counsel asked to see both verdict forms and went to the clerk’s desk to view them.