On April 4, 2000, Benjamin Coxon, a resident of Scotland, was a student with the Winter Park Ski School, participating in a ski class being led and conducted by a uniformed instructor, employed by Winter Park Ski Area. Benjamin Coxon was enrolled in a private ski class consisting of himself and his Uncle. The class was being led down Cranmer’s Run at Winter Park Ski Resort, in Winter Park, Colorado. Ryan Bond was skiing at Winter Park Ski Resort as well.

Benjamin and his instructor had come to a stop, downhill of Ryan Bond. They were plainly visible, and not obstructing any route. Ryan Bond collided into Benjamin Coxon at an extremely high rate of speed.

As a direct result of the collision, Benjamin Coxon suffered a severely fractured right femur, and a closed head injury. The femur fracture required surgery, entailing the insertion of pins and screws to stabilize the fracture, placing Benjamin Coxon in a spika or “body-cast.”

Plaintiffs alleged that:

(1) Pursuant to C.R.S. §§ 33-44-109(1) & (5), Ryan Bond had the sole responsibility for maintaining control of his speed so as to be able to avoid other skiers, and to refrain from acting in a manner which would cause injury to himself or others.

(2) Ryan Bond had a primary duty, as the overtaking and uphill skier to avoid the collision with Benjamin Coxon pursuant to C.R.S. § 33-44-109(2). Additionally, Ryan Bond had a duty to maintain a proper lookout so as to be able to avoid other people on the slope.

(3) Ryan Bond had an additional and separate duty to exercise reasonable care while skiing to avoid foreseeable injury to himself and others, and to take into account all of the conditions involving posted information, warnings, crowds, and terrain.

(4) Bruce W. Bond, as the parent and guardian of Ryan Bond, had a reasonable duty to supervise his son’s skiing.

The defendant in the case admitted to liability for Ben Coxon’s injuries. The case was settled out of court for $100,000.00.

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