James C. Sunday v. Stratton Corporation

On February 10, 1974, plaintiff, then just under 21, was injured while skiing as a paying patron on the premises of the defendants ski resort in Stratton, Vermont. His injuries resulted in permanent quadriplegia. In the instant suit, he alleges in substance that defendant negligently maintained its ski trails and failed to give notice of hidden dangers. Trial by jury, demanded by both parties, resulted in a plaintiffs verdict for $1,500,000 and judgment for that amount plus costs. The verdict was based upon a finding that defendants negligence was 100% the cause of plaintiffs injuries. Defendant, by its appeal, seeks in the alternative: (I) reversal of the trial courts adverse ruling on its motion for directed verdict based upon assumption of risk, and entry of judgment in its favor here, (II) reversal and remand because of claimed trial errors, including denial of a motion for mistrial and errors in the courts charge, (III) setting aside the verdict as against the weight of the evidence, and (IV) remand for new trial because of error in denying its motion to set aside the verdict as excessive. Some of its claims overlap each other, while others involve more than one asserted error. We will address the several points in the order outlined.