Prosecutors Friday lost an attempt to reinstate misdemeanor assault and reckless endangerment charges against Dominic Galasso of Lancaster, PA, who seriously injured a Kissing Bridge ski instructor when he slammed into him on an intermediate slope. The judge upheld the dismissal of charges.
The instructor, Carl Hensler, 65, of Fort Erie, Ont., suffered a broken arm, leg and nose, and Galasso suffered a minor facial injury in the collision, which occurred at about 5 p. m. March 4, 2009.
The court found that Hensler only assumed Galasso, now 26, of Lancaster was “going too fast” and out of control when Galasso slammed into him about 800 feet from the end of the 3,000-foot-long Mistletoe slope. Hensler was admittedly “skiing slowly” when he turned left to get to another slope and did not see Galasso coming in a “full tuck” position. The skiers’ views of each other were obscured by a knoll in the slope.
The allegation that Galasso was skiing out of control was found to be conjecture since no one witnessed the collision. The judge cited Galasso’s claim to state troopers 14 months ago that he was “stone sober” and “not out of control” while skiing.
The judge acknowledged that skiing fast downhill creates the possibility of a collision, but that, without eyewitness accounts that Galasso was out of control, it cannot be proved that he caused or contributed to the accident. No civil suits were generated by the incident. For a more detailed report of the accident, see Skiing Collision Brings Criminal Charge.