$260,000+ judgment for reckless skiing incident at Keystone

[Tricia]

Denver Post reports that a jury ordered a Douglas County resident to pay $263,454.44 in damages to a man who suffered a joint separation after Ferguson collided with him on the Flying Dutchman run at Keystone Resort.

The Injured party, a firefighter in Chicago, missed three months of work due to the injury.
Denver Post article here

 

[scott43]

I get it..but seems excessive to me. That's probably 2 years salary. Still..make people think twice about being careless.

 

[Tricia]

Its been a while since I've skied Keystone, but IIRC the run they're talking about is a run you can take on the way back from the Outback. Its known for excessive speed.
The crazy thing is, that "coming back from the Outback" is when most of this stuff happens. One guy is taking a leisurely cool down run at the end of the day while another guy is ripping his last run of the day....

I'm torn about this judgement. I see a reason for the injured guy being made whole, but this seems like it is excessive.

 

[Nancy Hummel]

It seems like there are many missing facts in the article. It is odd that the damage number has cents. I would like to know the injuries and the amount of medical bills. Seems like the jury wanted to send a message to the at fault skier which is not a bad thing.

 

[KevinF]

I get it..but seems excessive to me. That's probably 2 years salary. Still..make people think twice about being careless.

If you were injured enough to miss work for three months, then I will suggest that your medical bills alone will be astronomical. I have no idea what the injured party's insurance situation is, but still...

 

[coskigirl]

It seems like there are many missing facts in the article. It is odd that the damage number has cents. I would like to know the injuries and the amount of medical bills. Seems like the jury wanted to send a message to the at fault skier which is not a bad thing.

Agreed. I'm wondering if the guy who hit him was especially combative or perhaps left the scene and was caught later. Also, the article states that he missed 3 months of work at the Chicago Fire Department but we don't know if there are lasting issues which may mean he perform certain functions causing a change in position with the FD and reducing salary. Also, I wonder if the jury took into account that the case was likely taken on contingency and the legal team will take ~33%? @Nancy Hummel will know a lot more about those kind of potential factors that I would.

 

[coskigirl]

If you were injured enough to miss work for three months, then I will suggest that your medical bills alone will be astronomical. I have no idea what the injured party's insurance situation is, but still...

I would argue that his medical insurance shouldn't matter. Why should they pay for something someone did negligently?

 

[scott43]

If you were injured enough to miss work for three months, then I will suggest that your medical bills alone will be astronomical. I have no idea what the injured party's insurance situation is, but still...

Well, if it's anything like here, firefighters are insured pretty well. But yeah, I understand. Still..seems a fair bit of money. It's certainly a deterrent. I wonder if they'll get anything out of the guy?

 

[Tricia]

If you were injured enough to miss work for three months, then I will suggest that your medical bills alone will be astronomical. I have no idea what the injured party's insurance situation is, but still...

That's true. I forget how much medical expenses can be in stuff like this.
And to @Nancy Hummel 's point about the cents in the judgement. It may be actual damages.

 

[scott43]

Also, the article states that he missed 3 months of work at the Chicago Fire Department but we don't know if there are lasting issues which may mean he perform certain functions causing a change in position with the FD and reducing salary.

Like I say, I don't know about US firefighters, but they're well taken care of up here. I can't imagine he would ever actually suffer a decrease in pay.

 

[Tricia]

Well, if it's anything like here, firefighters are insured pretty well. But yeah, I understand. Still..seems a fair bit of money. It's certainly a deterrent. I wonder if they'll get anything out of the guy?

In some cases, the medical insurance company will file against an at fault party in cases like this to recoup their loss. I don't know details of the case, but if the insurance company did file this, then they may (emphasis on may) have pursued the home owners insurance.

*sometimes its not the individual seeking a law suit, but the insurance companies.

 

[coskigirl]

Like I say, I don't know about US firefighters, but they're well taken care of up here. I can't imagine he would ever actually suffer a decrease in pay.

Conversely I can't imagine an employer, be it public or private, would be willing to keep paying an employee $X for a higher paying job if they can no longer perform those functions because of an injury sustained not related to work. If it were related to work I would agree with you but this clearly was not.

 

[Nancy Hummel]

It is my understanding that firefighters have physical standards that they have to meet. If he had permanent restrictions, he may be precluded from being a firefighter. Again, need more facts.

Juries do not hear about collateral sources such as medical insurance.

 

[Tricia]

Here's an article with a few more details.
http://www.postindependent.com/news...-from-collision-at-keystone-wont-have-to-pay/

In light of some of the new details, lets not make this a snowboarder vs skier cage match

Snip from article:
After a two-day trial last week, a Summit County jury ordered Ferguson to pay $263,454.44 in damages, which will cover Dubert’s medical expenses and compensate him for missing months of work as a paramedic due to the injury. Ferguson’s defense team could not be reached for comment.

It may seems like a lot of money for trying zip past a slower skier on an intermediate run. However, according to Dubert’s lawyer, Evan Banker, Ferguson won’t pay a dime: he lives with his parents, and is thus covered under their homeowner’s insurance, which, according to Banker, “Covers just about whatever you do that’s not in a car.” Renters insurance, he added, generally covers ski accidents as well.

 

[scott43]

Conversely I can't imagine an employer, be it public or private, would be willing to keep paying an employee $X for a higher paying job if they can no longer perform those functions because of an injury sustained not related to work. If it were related to work I would agree with you but this clearly was not.

Could be different down there..but up here that kind of situation is usually an "accommodation" thing..they basically find other non-physical work for them at the same pay grade. Police and fire are golden. If it were a plumbers union, I would agree with you!!

 

[KevinF]

I would argue that his medical insurance shouldn't matter. Why should they pay for something someone did negligently?

I agree; if he was insured, then the insurance company will go after the guilty party tooth-and-nail. My point was how much of the bill was he left to foot himself and how much is "somebody else's responsibility"?

That's true. I forget how much medical expenses can be in stuff like this.
And to @Nancy Hummel 's point about the cents in the judgement. It may be actual damages.

Having paid my share of medical bills this year, I haven't forgotten how quickly they add up.

In some cases, the medical insurance company will file against an at fault party in cases like this to recoup their loss. I don't know details of the case, but if the insurance company did file this, then they may (emphasis on may) have pursued the home owners insurance.

*sometimes its not the individual seeking a law suit, but the insurance companies.

Agreed. In the cases where I've gotten injured, my insurance company was very interested in finding any other possible guilty parties that they could sue.

I've determined that the job of insurance companies is to take money in and make pay outs as difficult as possible.

 

[crgildart]

Medical Insurance companies, all insurance companies go after parties found to be at fault to recoup the funds paid to their policy holders whenever someone else is determined to be at fault. Guessing a fire fighter probably makes less than $70K/yr honestly. Cops don't start out earning that much here. Cops here start around $45K/yr.

 

[jonc]

It is my understanding that firefighters have physical standards that they have to meet. If he had permanent restrictions, he may be precluded from being a firefighter. Again, need more facts.

Juries do not hear about collateral sources such as medical insurance.

I sat on a jury for a personal injury case like this. We were not given any information about whether the claimant was insured or how much out of pocket he paid. We were given the total medical bill costs which probably explains the unusual number. We were also given the cost of his salary for the missed work. There was also the option to award additional punitive damages.

Granted, my experience was in a different state so the laws might be slightly different.

 

[scott43]

I have to say..I didn't figure medical expenses could be that much. If that's the case, then for sure he's entitled to medical costs and in that case, it seems a lot more reasonable.

 

[scott43]

Medical Insurance companies, all insurance companies go after parties found to be at fault to recoup the funds paid to their policy holders whenever someone else is determined to be at fault. Guessing a fire fighter probably makes less than $70K/yr honestly. Cops don't start out earning that much here. Cops here start around $45K/yr.

Most of our firefighters earn over $100k/year here. Most cops as well. Some earn well over $100k/year after paid duty, such as crowd policing at sports events etc. And they have powerful unions.