On November 27, 2003, Laurel Schweitzer was skiing and Ezra Hubbard was also skiing at Snowmass. Both Plaintiff and Defendant were considered "skiers" pursuant to the Colorado Ski Safety Act. C.R.S. § 33-44-103(8).

Mrs. Schweitzer was skiing with her husband Boone Schweitzer, they were on Snowmass Mountain, on a trail within their ability. The weather was clear and the ski conditions were good.

Hubbard had the primary duty, as the uphill skier, to avoid colliding into Mrs. Schweitzer. He negligently collided at a high rate of speed into Laurel Schweitzer knocking her to the ground and causing her to suffer severe injuries. Ms. Schweitzer suffered: a left humerus fracture requiring surgical reduction and pinning; left shoulder injuries, requiring surgery; multiple contusions and abrasions, and; facial lacerations.

Following depositions of the parties, the matter concluded with a policy limit settlement of $300,000.00.

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