Smith v. Demetria

Memorandum and Order Denying Motion to Dismiss


This case involves injuries caused by a skier alleged to have been skiing recklessly. He crashed into the Plaintiff, causing injuries. The allegedly reckless skier filed a motion to dismiss the case.

The United States District Court for the Middle District of Pennsylvania disagreed. The Court held that the skier may be held liabile for compensatory damages if he was skiing abnormally, at the edge of control or out of control.

The Court also held that this skier may potentially face punitive damages for the type of conduct alleged in the Complaint.

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Reference Info:Decision | Federal, 3rd Circuit, Pennsylvania | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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