Victor Rowett v. Kelly Canyon Ski Hill

Plaintiff-appellant Victor Rowett has brought this appeal from the judgment rendered upon a jury verdict and the district court order which denied his motion for judgment notwithstanding the verdict or, in the alternative, a new trial. The questions presented on appeal are the following: (1) whether the trial court's denial of the motion for judgment notwithstanding the verdict or, in the alternative, a new trial was proper; (2) whether the trial court erred by excluding from evidence certain photographs depicting the condition of the plaintiff offered at trial; (3) whether the trial court erred by admitting into evidence certain photographs offered by the defendant; (4) whether an award of attorney fees should be made on this appeal. We affirm the trial court's denial of appellant's alternative motions and find no abuse of discretion with respect to the exclusion and admission of photographic evidence. The following facts were developed at trial. Rowett was nightskiing at a ski area owned and operated by the defendant corporation. Rowett was injured when he skied into a traffic control device which consisted of two yellow ropes suspended between two poles with orange fluorescent tape strung between the ropes. Rowett lost a portion of his ear in the accident and brought suit under a theory of negligence against the defendant corporation in an effort to recover damages. Following a three-day trial in which conflicting evidence was introduced particularly concerning the lighting at the scene of the accident, the jury returned a verdict in favor of the defendant corporation.