Case details

Plaintiffs: Park owners failed to maintain hill for snow tubers

SUMMARY

$4000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, emotional distress, fracture, mental, psychological
FACTS
On Dec. 27, 2014, plaintiffs Soheel Ali, 41, a database engineer and his wife, plaintiff Shamiya Ali, were with their 6-year-old twin sons at Cisco Grove Campground & RV Park Inc., in Emigrant Gap, a community in Placer County. The area is open year-round as a park for recreational vehicles and, during the winter, there were two areas where individuals could use snow tubes and sleds. The area was owned by Richard and Deborah Martin, who invited the public to bring their tubes and sleds, and for $10, personnel would instruct patrons where to park and where to go snow tubing. As Mr. Ali was going down the subject hill, following one of his sons, the speed of the tube increased and became unintentionally turned around. As a result, Mr. Ali traveled into the adjacent parking lot, where he forcefully struck a parked vehicle. He claimed to his back. Ms. Ali, who videotaped the incident, watched as her husband went into the parking lot. The Alis sued Cisco Grove Campground & RV Park Inc. and the Martins. The Alis alleged that the defendants failed to properly maintain the area, creating a dangerous condition, and that the defendants failed to warn of the dangerous condition. Plaintiffs’ counsel noted that the Martins originally “groomed” the hills differently, back when they also used the area for their snow tubing sales business. However, due to weather changes in California, the Martins started to allow the public to use the hill for snow centric activities. Plaintiffs’ counsel argued that hill was negligently maintained, in that the slope of the hill and the distance from the hill to the adjacent parking lot provided for no flow or speed control to prevent patrons from speeding into the parking lot. Counsel contended that although the public was permitted to park at the adjacent parking lot, there was no barrier, such as protective netting, before the parking lot and that such a barrier between the hill and the parking lot would have prevented patrons from contacting the parking lot. Plaintiffs’ counsel further contended that there were no warnings from employees or signs, warning the public of the dangers of the hill or even where to start their descent down the hill, such as demarcation or other mechanisms provided. In addition, plaintiffs’ counsel argued that the defendants usually created snow berms, a wall of snow, or groomed the hill frequently, so the defendants demonstrated that they were capable of maintaining and controlling the hill, but on the subject date, the defendants failed to do so. Defense counsel argued that Mr. Ali did not start his descent in the right spot and that he intentionally slid down on what was a walkway used by people, as opposed to staying on the hill., Mr. Ali sustained a thoracic fracture of the T5 vertebra, rendering him paralyzed from the T5 vertebra down. He was subsequently airlifted to a hospital. Mr. Ali is permanently paralyzed and requires the use of a wheelchair. As a result, he has been given accommodations at work and began working again. Ms. Ali presented a derivative claim, seeking recovery of damages for her emotional distress as a result of witnessing her husband’s accident and for her loss of consortium.
COURT
Superior Court of Placer County, Placer, CA

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