California Verdicts

Plaintiff(s):

Leslie McLaughlin (Female, 32 Years)

Plaintiff Attorney(s):

Scott H. Carr;
Greene Broillet & Wheeler, LLP;
Santa Monica,
CA,
for
Leslie McLaughlin ■ Bruce Broillet;
Greene Broillet & Wheeler, LLP;
Santa Monica,
CA,
for
Leslie McLaughlin ■ Taylor Rayfield;
Greene Broillet & Wheeler, LLP;
Santa Monica,
CA,
for
Leslie McLaughlin

Plaintiff Expert(s):

Ann Vasile;
M.D.;
Physical Medicine;
Long Beach,
CA called by
Scott H. Carr, Bruce Broillet, Taylor Rayfield ■ Carol Hyland;
M.A., M.S.;
Life Care Planning;
Lafayette,
CA called by
Scott H. Carr, Bruce Broillet, Taylor Rayfield ■ Peter Formuzis;
Ph.D.;
Economics;
Santa Ana,
CA called by
Scott H. Carr, Bruce Broillet, Taylor Rayfield ■ Daniel Zehler;
Psy.D.;
Neuropsychology;
Long Beach,
CA called by
Scott H. Carr, Bruce Broillet, Taylor Rayfield ■ Lester Zackler;
M.D.;
Neuropsychiatry;
Sherman Oaks,
CA called by
Scott H. Carr, Bruce Broillet, Taylor Rayfield ■ Wilson Hayes;
Ph.D.;
Biomechanical;
Corvallis,
OR called by
Scott H. Carr, Bruce Broillet, Taylor Rayfield ■ Leonard Matheson;
Ph.D.;
Vocational Rehabilitation;
Saint Charles,
MO called by
Scott H. Carr, Bruce Broillet, Taylor Rayfield ■ Richard Gill;
Ph.D.;
Ergonomics/Human Factors;
Spokane,
WA called by
Scott H. Carr, Bruce Broillet, Taylor Rayfield

Defendant(s):

CLP Mountain High, LLC, 

CNL Lifestyle Properties Inc., 

Mountain High Resorts Associates, LLC

Defense Attorney(s):

Steven R. Parminter;
Wilson Elser Moskowitz Edelman & Dicker LLP;
Los Angeles,
CA,
for
Mountain High Resorts Associates, LLC ■ None reported;

for
CLP Mountain High, LLC, CNL Lifestyle Properties Inc. ■ Patrick M. Kelly;
Wilson Elser Moskowitz Edelman & Dicker LLP;
Los Angeles,
CA,
for
Mountain High Resorts Associates, LLC

Defendant Expert(s):

Elia Hamilton;
Design;
West Dover,
VT called by
Steven R. Parminter, Patrick M. Kelly ■ Jack Dahlberg;
Life Care Planning;
Castle Rock,
CO called by
Steven R. Parminter, Patrick M. Kelly ■ Joel Rosen;
Physical Medicine;
Northridge,
CA called by
Steven R. Parminter, Patrick M. Kelly ■ Paul Baugher;
Skiing;
Ashford,
WA called by
Steven R. Parminter, Patrick M. Kelly ■ Brian Brill;
Computer Imaging/Mapping;
Dillon,
CO called by
Steven R. Parminter, Patrick M. Kelly ■ David Weiner;
Economics;
Los Angeles,
CA called by
Steven R. Parminter, Patrick M. Kelly ■ Edward Bennett;
Vocational Rehabilitation;
Santa Barbara,
CA called by
Steven R. Parminter, Patrick M. Kelly ■ Edward Fatzinger, Jr.;
Accident Reconstruction;
Torrance,
CA called by
Steven R. Parminter, Patrick M. Kelly ■ Irving Scher;
Biomechanical;
Seattle,
WA called by
Steven R. Parminter, Patrick M. Kelly ■ Ruston Hunt;
Ergonomics/Human Factors;
Norcross,
GA called by
Steven R. Parminter, Patrick M. Kelly

Insurer(s):

Great American Insurance Group for Mountain High Resorts Associates, LLC;
NOVA Casualty Co. for Mountain High Resorts Associates, LLC

On March 1, 2012, plaintiff Leslie McLaughlin, 32, an equine veterinarian, and her friend, James Tollins, went to Mountain High Resort, a ski resort in Wrightwood. At approximately 11:30 a.m., on their fourth run of the day, McLaughlin and Tollins began to ski down Woodworth Gulch, marked as a green circle, or a "beginner" run, which they both had never been down before. McLaughlin claimed that from over 200 feet above, she noticed an uphill portion of the trail ahead that extended the entire width of the gulch. She claimed that she believed the uphill portion was a gentle uphill grade and rollover that was part of the natural terrain. However, she acknowledged that she could not see the other side of the uphill rise and that she did not know what was on the other side. The uphill rise was actually a staging area that was over 6-feet tall, extending the entire width of the gulch with a flat top that was over 17-feet wide. The staging area was meant for skiers and snowboarders to prepare and use a group of designed terrain features, such as jumps, rails, and jibs that are located in "The Playground." McLaughlin claimed that as she started going up the slope, she was suddenly launched into the air and rotated backward, landing on her neck and back. She was ultimately rendered paralyzed from the accident. McLaughlin sued the operator of the ski resort, Mountain High Resort Associates LLC, alleging negligence and premises liability. CNL Lifestyle Properties Inc. was also named as a defendant, but it was dismissed early in the proceedings and was substituted with CLP Mountain High, LLC, which was also dismissed from the case. In addition, McLaughlin voluntarily dismissed her claim for premises liability prior to trial. Thus, the matter proceeded to trial against Mountain High Resort Associates on the negligence cause of action only. McLaughlin claimed that she did not know the area was a staging area and that she was not intending to jump when she hit the uphill portion of the slope. She also claimed the uphill slope and terrain park were not marked in any way. Plaintiff’s counsel contended that Mountain High Resort unreasonably increased the risks inherent in the sport of skiing by building a staging area across the entire width of a green, beginner trail, and by building the staging area with a concave uphill slope that causes patrons to become airborne and rotate backward. Counsel also contended that Mountain High Resort was negligent for allowing patrons to use the staging area as a jump, for not constructing an appropriate landing area since it was known that the staging area was used as a jump, and for not providing any warnings or signage to alert patrons that the man-made structure is a staging area with a terrain park on the other side. Mountain High Resort claimed that it did not increase the risks inherent in the sport of skiing. It claimed there had been no other incidents like McLaughlin’s accident since the creation of the staging area in 2004, despite almost 3 million guests using it since its creation. It also claimed the staging area was groomed every night and inspected every day by members of three different departments. Counsel for Mountain High Resort argued that McLaughlin was solely responsible for the accident, as Mountain High Resort is an all-terrain park mountain, which means there are jumps and terrain features everywhere. Counsel contended that the jumps and terrain features on the mountain were clearly noted on trail maps, and on signs at the bottom and top of all chairlifts. Counsel further contended that the staging area was open and obvious, and was visible from over 800 feet uphill of the staging area. Thus, Mountain High’s counsel argued that McLaughlin did not adhere to warnings and instructions on the signs placed on the mountain regarding proper use of terrain features. Counsel further argued that McLaughlin ignored clear information in the brochures and on trail maps that designated Woodworth Gulch as a slow zone and as a trail having terrain features present. The defense’s accident reconstrucion and biomechanics expert testified that McLaughlin was skiing too fast, traveling at roughly 39 to 45 mph, and that she was out of control, which the expert opined was the true cause of McLaughlin’s backward rotation. (However, the plaintiff’s accident reconstrucion and biomechanics expert testified that McLaughlin was only skiing at 34 to 37 mph at the time of the accident.) The defense’s biomechanics expert further testified that McLaughlin should have stopped or slowed down when she came to the staging area until she had determined what it was and how she intended to use it.

McLaughlin sustained a C6 burst fracture with retropulsion of the bony fragments into the spinal cord. She was subsequently airlifted to an emergency room, where she was ultimately diagnosed with C6-7 complete quadriplegia. However, McLaughlin maintained use of her arms and limited use of her hands. McLaughlin claimed that she was an equine veterinarian that specialized in racehorses and that she was earning $105,000 per year. She claimed that since the date of the incident, she has not returned to work and will not be able to work as a veterinarian in the future. The plaintiff’s expert economist testified about McLaughlin’s past and future economic damages. The expert opined that McLaughlin’s past and future medical costs and lost earnings would be in the range of $14.4 million to $15.6 million. McLaughlin also sought recovery of damages for her past and future pain and suffering. Defense counsel did not contest the nature and extent of McLaughlin’s injuries, but disputed McLaughlin’s alleged future medical expenses and past and future loss of earnings.

The jury found McLaughlin 82 percent at fault and Mountain High Resort Associates 18 percent at fault. It also found that McLaughlin’s damages totaled $21,987,215.32. After a reduction for comparative fault, McLaughlin’s recovery would be $3,957,698.76.

Leslie McLaughlin: $893,821 Personal Injury: Past Medical Cost; $7,915,439 Personal Injury: Future Medical Cost; $317,482 Personal Injury: Past Lost Earnings Capability; $1,860,473 Personal Injury: Future Lost Earnings Capability; $1,000,000 Personal Injury: Past Pain And Suffering; $10,000,000 Personal Injury: Future Pain And Suffering

Actual Award:

$3,957,698.76

Judge:

Mary Ann Murphy

Trial Length:

36
 days

Trial Deliberations:

4
 days

Jury Composition:

4 male/ 8 female

This report is based on information that was provided by plaintiff’s and defense counsel.