Judge tosses slip-and-fall case against Aspen Skiing Co.
A jury trial in Pitkin County District Court pitting a Denver woman against Aspen Skiing Co. has been canceled.
Court documents show that District Court Judge Daniel Petre signed an order March 18 dismissing the case with prejudice, meaning that it can’t be brought to court again. Both sides will pay their own costs, the order says.
The order comes less than two weeks before jury selection was to begin March 30.
Skico declined comment. An attorney with the Aurora law firm that represented plaintiff Genevieve Fulton would not say whether any money changed hands.
“The most I can say is that the matter has been settled to the satisfaction of both parties, and we have no further comment,” said Keith Scranton of Franklin D. Azar & Associates PC.
Fulton sued Skico in July 2013 over a slip and fall she had at Cloud 9, a popular on-mountain restaurant at Aspen Highlands that Skico owns.
The fall happened Jan. 8, 2012, when Fulton was leaving the eatery through its kitchen — one of two ways to enter and exit Cloud 9 — and “slipped in water on the kitchen floor and fell sideways, landing on her elbow,” her suit said.
Fulton broke her left elbow, but Skico had contended that she waived her right to sue when she bought a Classic Pass, which relieved the firm from liability involving accidents on its ski areas, facilities or lifts. The court disagreed, saying that Fulton could sue.
Skico, in its formal responses to the lawsuit, denied the allegations and said it wasn’t responsible for Fulton’s mishap.
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Aspen Skiing Co. officials made a tag-team appeal to the Pitkin County Commissioners Wednesday urging approval for the proposed expansion of the Pandora’s terrain and other projects on Aspen Mountain. The commissioners continued the hearing until Aug. 28, when a vote is possible.