On February 27, 2004, both Ms. Schroeder and Mr. McAvity were skiers at Steamboat Springs Ski Area in Colorado. C.R.S. § 33-44-103(8).

Ms. Schroeder was skiing on an open ski trail named "Why Not." This was a slope within her ability, she was maintaining a lookout, controlling her course and speed, and was not obstructing any skiable route. Mr. McAvity was on "Rudi’s Run", which is uphill from Why Not. Mr. McAvity skied down Rudi’s Run and then entered into Why Not, uphill from Ms. Schroeder, and skied excessively fast into Ms. Schroeder. At all times, Mr. McAvity was the uphill and overtaking skier. The accident was violent. Ms. Schroeder sustained, among other injuries, a fractured right distal radius, right ulna styloid, and right patella injury.

The matter was filed in December, 2005 in United States District Court for the District of Colorado. It settled for policy limits of $105,000.00 in May, 2006. James Hullverson, Jr. Attorney at Law, Clayton, MO was co-counsel on the case.

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