A man paralyzed in a snow-tubing accident is suing the Albemarle County-based parent companies of Massanutten Resort for more than $25 million. If granted, that would be the largest award ever against a ski resort.
John Carwile of Hampton was at the Rockingham County resort in January 2009 when he made the fateful tube run.
He zipped headfirst down the course, across the “run-out” area, layered with rubber mats intended to slow the tubes, and into a wall at the back of the area, his lawyer, Patrick M. Regan, said.
“His head hit the wall, it didn’t give, and his spinal cord gave,” the lawyer said.
Carwile is paralyzed from the chest down, according to Regan.
Kenny Hess, director of business operations for Massanutten Resort, said he couldn’t comment on pending litigation.
“Lawsuits make sexy headlines and stories but we are a remarkably safe sport,” said Dave Byrd, director of education and risk for the National Ski Areas Association in Colorado.
According to the association, 39 skiers and snowboards suffered fatal injuries during the 2008-09 season, the most recent for which data is available. According to the group, 10 million people skied or snowboarded in 2008. Numbers for snow tubers weren’t available at press time.
But it’s still “not unusual” for ski areas to face lawsuits, Byrd said.
Carwile’s suit, filed last month in Charlottesville Circuit Court, argues that the resort was negligent in setting up and operating the snow tube runs.
In the suit, Carwile accuses the resort of “failure to design the barrier wall with sufficient safety protection.”
Regan said that more advanced technology — which operates on the same principle as bouncy castles at children’s birthday parties — was available but wasn’t in place.
The existing barrier had some padding but lacked sufficient give to save his client, he said.
Carwile’s lawsuit asks for $25 million in compensatory damages and $350,000 in punitive damages, the maximum allowed under Virginia law, Regan said.
Regan said Carwile, 55, expects to have to spend millions in medical bills over the course of his lifetime.
“He needs a health care aide with him 24/7,” he said.
The largest verdict against a ski area came in Washington state, where a snowboarder was awarded $14 million, Byrd said.
Email
Facebook
Google
Twitter
Favorites
More
Advertisement