On January 17, 2005, Carol Guzy and Amber Lewis, a minor, were skiing at Keystone Ski Resort in Summit County, Colorado. Both Guzy and Lewis were "skiers" pursuant to the Colorado Ski Safety Act. C.R.S. § 33-44-103(8). Amber Lewis, skiing out-of-control and at excessive speed, hit Guzy from behind and knocked her down. Following the accident, the Lewis admitted in her own handwriting that "She [Guzy] was stopped and I was trying to stop and I ran into her and she fell face forward. Lewis had a primary duty, as the overtaking skier, to avoid the collision with the plaintiff pursuant to C.R.S. § 33-44-109(2). Lewis had an additional and separate duty to exercise reasonable care while skiing to avoid foreseeable injury to other participants. Defendant breached her primary duty to plaintiff by failing to control her speed and course, rendering Defendant unable to maintain a proper lookout or to yield to Guzy, the downhill skier.

Craig Elliot, as the guardian of Amber Lewis, had a reasonable duty to supervise her skiing. Amber Lewis’s excessive speed, failure to be able to avoid plainly visible skiers downhill of her, and failure to ski on terrain within her ability, were all a proximate result of the negligent supervision by Craig Elliot, who failed to provide adequate ski instruction, training, and his failure to keep Amber Lewis on slopes and trails within her ability. Elliott filed a Motion for Summary Judgment arguing that it needed to be shown that Amber Lewis had a "propensity" for reckless skiing. The trial court found that Colorado law did have such a requirement. Although stating that a rule requiring reasonable supervision would be prudent, it nevertheless was constrained by the case law. The case against Mr. Elliott was therefore dismissed.

The collision caused Ms. Guzy to lose consciousness. She suffered facial injuries and a closed head injury. Following the accident, Guzy spent six days at St. Anthony Hospital in Denver, Colorado. She has residual neurological and other related functional losses, permanent disability, impairment and disfigurement. Her medical expenses from St. Anthony Hospital were $25,062.36, not including ambulance or physician charges.

On August 15, 2005, case settled in the amount of $100,000.00 as settlement, in full, of all claims against the defendant, Amber Lewis.

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