Opinion
June 29, 1961
Appeal from a judgment of the Court of Claims. Claimant Martha Jung was injured when she slipped and fell at a ski facility owned by the State at Belleayre Mountain Ski Center. She was visiting the center with members of her family; but did not intend to ski. She walked out from the door of the ski lodge which led to the ski slopes, some of which commenced within 10 feet of the door. At the point where she fell the area was described as slippery and icy. As she stepped out of the door she testified she noticed that "the complete area was covered with ice". She fell a few steps away from the door. She and her husband Kurt Jung have had awards in the Court of Claims based on the negligence of the State. We are of opinion the negligence of the State has not been demonstrated. The area between the door of the lodge used constantly by skiers and the beginning of the ski slopes could not reasonably be kept free from snow or ice under the proof in the record. It was a facility maintained in close connection with a hazardous sport. The proof is that skiers coming back to the lodge knocked snow from their skiis; and that while reasonable efforts to keep the area near the door which gave access to the slopes free from ice or snow were made, it was not possible to do this effectively while the slopes were in active use. The State was bound to exercise reasonable care against injury; but it would be unreasonable to require of it that the approaches to the ski slopes be prevented from being slippery so that nonskiing visitors going out to look would not find it slippery and would not fall. We think also that claimant took some responsibility herself when she ventured out in this area which might reasonably be expected to be slippery. Judgment reversed on the law and the facts and claim dismissed, without costs. Bergan, P.J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.