Schweitzer Mt. Resort challenging negligence lawsuit

SANDPOINT — Operators of Schweitzer Mountain are challenging a lawsuit filed by a Hayden couple whose son was seriously injured in a crash off a jump in the resort’s terrain park.

Counsel for Schweitzer maintains the couple is barred from seeking damages from the resort because of a state law which holds that skiers and snowboarders expressly assume the risk of injury when they voluntarily participate in the downhill sports, according to documents filed in 1st District Court.

Kris and Pamela Pereira filed the negligence suit on behalf of their minor son late last year. Their son, who is identified only by the initials JLP, suffered a compound fracture of his femur, a fractured hip and vertebrae, and a head injury, the suit said.

The crash happened happened on an unspecified type of jump in the terrain park on Jan. 28, 2007, according to the suit.

The couple’s counsel, Leander James and Kerwin Bennett, allege in the suit that the particular jump the boy launched from was improperly designed, constructed and maintained. The attorneys argue the jump subjected the boy to “physical forces and danger above those inherent in snowboarding.”

Schweitzer’s attorney, Peter Erbland, denies the plaintiffs’ allegations and points to an Idaho law which states that it’s “essentially impossible” for ski area operators to eliminate all the risks inherent to the sport, according to his answer to the couple’s complaint.

The law also says that participants in downhill sports have the responsibility of knowing the range of their abilities and to ride or ski within those limits, Erbland said in court documents.

Schweitzer spokeswoman Haley Sorbel acknowledged the pending litigation, but said resort operators have no comment.