The Vail Collision

The Defendant was an employee of Vail Mountain ski resort in Colorado, and a trained former ski racer who had received instruction in ski safety. On a run called "Riva Ridge," after the lifts had closed for the day, the Defendant was skiing very fast — ski tips in the air, his weight back on his skis, arms out to his sides for balance. Witnesses described him as "out of control." He flew off a knoll and saw people below him on the slope but was unable to stop or regain control because of the moguls. He crashed into the victim, who was traversing the slope below. The force of the impact was so great that the Defendant's ski fractured the thickest part of the victim's skull. The victim suffered traumatic brain injuries and died. The Defendant was charged with felony reckless manslaughter. At a preliminary hearing, the county Court dismissed the charge, finding the Defendant had merely been skiing "too fast for the conditions" — not recklessly. The district Court affirmed the dismissal. The Prosecution appealed.