National Association of Credit Management v. Burke

In February 1979, Kgregory W. Mannhard (the skier) was killed as a result of a snow avalanche triggered by him and two companions skiing in an out-of-bounds area at Loveland Basin Ski Area. The area was leased, controlled, and maintained by defendant, Clear Creek Skiing Corporation (the operator). Claiming that the skiers injuries and his subsequent death were caused by the negligence of the operator, the skiers wife, plaintiff, Judith A. Mannhard, brought this wrongful death action on behalf of herself and their two minor children. The operator denied liability and claimed that the accident had been caused by the negligence of the skier. It was undisputed that any negligence of his would be imputed to the plaintiff.