In Massachuettss, The Death Of Fourteen Year Old Boy From Injuries Suffered While Skiing

Date: August 29, 2005

Case:
This action arises from an appalling tragedy, the death of fourteen-year-old Matthew Walsh from injuries suffered while
skiing at the Jiminy Peak Ski Resort on February 11, 2002. Matthew’s parents, Timothy and Christina Walsh
(”plaintiffs”), have brought this action in two counts, seeking damages both for Matthew’s wrongful death and for his conscious pain and suffering. Defendant Jiminy Peak Inc. (“defendant”) has moved for summary judgment based on the application of the Massachusetts Ski Safety Act, Mass. Gen. Laws ch. 143, 71H-71S. Finding that this statute does apply, the court will allow defendant’s motion as to Count One, the plaintiffs’ wrongful death claim. Since disputed issues of fact, however, forbid summary judgment on the claim for conscious pain and suffering, defendant’s motion will be denied as to Count Two. Because the law in this area is reasonably clear, the court will deny plaintiff’s motion to certify a question to the Massachusetts Supreme Judicial Court.

Finally, the testimony and report of the plaintiffs’ expert, Helge Lien, is not relevant to the sole remaining issue in the
case. While the court makes no determination of the witness’s qualifications or expertise on the subject matter of his report, it need not do so. It is clear that Mr. Lien’s opinions are that Jiminy Peak’s negligence was the proximate cause of Matthew’s death.

Conclusion:
For the foregoing reasons, the defendant’s Motion for Summary Judgment (Docket No. 20) is hereby ALLOWED on Count One of the Complaint and DENIED on Count Two; and its Motion to Strike (Docket No. 23) is DENIED as moot. The plaintiffs’ motion to certify a question to the Supreme Judicial Court (Docket No.37) is DENIED. The clerk will set this case for a status conference to determine further proceedings.