A state court judge in Idaho has awarded more than $407,000 in a case in which a recreational skier sued another skier who collided with him. The defendant was allegedly skiing at a “high rate of speed” down the mountain.
The litigation was decided after the court rendered a default judgment, as the defendant never responded to the legal documents.
The plaintiff in the case was Anthony Davis, of California. Davis was skiing on Feb. 17, 2013 on an intermediate-level run on Bald Mountain when he was struck from behind by Robert Todd Lazenby of Maryland.
“At all relevant times, Mr. Davis was clearly visible, skiing reasonably and within control and maintaining a proper lookout,” according to the complaint.
Davis sued for negligence. He specifically alleged that the defendant failed to maintain a proper lookout for other skiers, that he was skiing too fast for conditions, that he failed to maintain adequate control, that he failed to yield to Davis and that he failed to take evasive action to avoid the collision.
Davis suffered a torn labrum requiring surgery in the accident. The plaintiff further alleged that he suffered lost wages and earning capacity as well as incurred past and future medical expenses.
The $407,715 was broken out into $62,785 for medical bills, $25,000 for wages lost, $96 for the filing fee, $100 for service costs and $319,734 for non-economic damages, which are defined in the lawsuit as pain and suffering and mental anguish.
The judge noted that Lazenby refused to receive a summons and civil complaint as well as ignored all court proceedings.
