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Rosie Run is a black diamond run at Copper Mountain. Both in control of their speed and clearly visible to uphill skiers, the Plaintiffs (R.W. and a minor) were skiing and snowboarding down the mountain at the time of the accident. An eyewitness recalls the Defendant, Peter Thiele, as being “out of control” and skiing “way too fast.”

Mr. Thiele attempted to overtake the Plaintiffs by skiing in between them, however he was unsuccessful. Post-collision, Mr. Thiele, admitted that he had been traveling at a “high rate of speed.” The collision occurred from uphill and injured both Plaintiffs. The minor was thrown into the air, rolled about 20 yards downhill, and was unresponsive upon landing. The injuries sustained included a fractured coccyx and a concussion with post-concussive symptoms. R.W. suffered knee injuries requiring surgical repair: a torn right medial collateral ligament and a chondral lesion. The arthroscopic surgery revealed a failing bone and cartilage graft causing a femur defect; this was exacerbated by the collision and can only be fixed via implant procedure.

In September 2016, a settlement agreement was signed for both Plaintiffs. Evan Banker secured a settlement of $385,000.00 for Mr. Weirsma and $15,000 for the minor.

The total settlement was: $400,000.00.