Killington Ski Area has settled a case brought by a New Jersey man who broke his leg after hitting a bare patch on a ski trail at the resort in 2009 and claims he was hurt again when a ski patrol toboggan used for his evacuation overturned.
The settlement was reached Monday morning as a jury at U.S. District Court in Rutland was preparing for the second day of trial in the lawsuit filed in 2010 by Alfred Rocks and his wife, Eileen, of Egg Harbor, N.J. The settlement was confidential, parties agreed to not disclose the amount of the settlement or any other details.
Alfred Rocks, in papers filed with the court, said he was an advanced skier and a regular visitor to Killington. His fall, on a wet, above-freezing day in March 2009, occurred on Ovation, a double-black-diamond trail. He hit a bare spot and then tumbled into some rocks. His claim argued that the resort did not set up warning signs to alert skiers to the bare patch on the trail.
Following the fall, Killington ski patrol personnel transported Rocks down the trail. During the ride, the toboggan and the snowmobile pulling the toboggan flipped over. Rocks alleged that he suffered additional injuries because of the toboggan accident.
To read an overview of the case in the news, see Killington faces ski liability trial with a twist?