The case likely hinges on who the jury believes was the « downhill » skier, per legal experts.
Oscar-winning actress turned businesswoman Gwyneth Paltrow appeared in court this week in a civil trial over a at Deer Valley resort in Park City, Utah. The lawsuit raises questions about who is liable when one skier hits another on the slopes.
Her location on the mountain in relation to plaintiff Terry Sanderson could determine whether or not she’ll be ordered to pay him as much as millions in damages.
In 2019, the Deer Valley guest , claiming she was skiing recklessly and crashed into him from above, causing serious, permanent injuries and emotional distress. Paltrow later countersued, claiming it was Sanderson who hit her from behind.
Paltrow, who founded wellness and lifestyle brand GOOP, has alleged — and some legal experts speculate — that Sanderson sued her in an attempt to exploit her fame and wealth.
« He demanded Ms. Paltrow pay him millions. If she did not pay, she would face negative publicity resulting from his allegations, » her attorneys wrote in a 2019 court filing.Uphill or downhill?
In any event, the case hinges on which of the two parties acted in an unreasonable manner while on skis.
« When one skier hits another, the issue is negligence. Did they do something wrong? » personal injury attorney Roger Cohn, of Kohn Roth Law, told CBS MoneyWatch.
As far as conduct on the ski slopes go, it’s almost always the duty of the uphill skier to beware of the downhill skier. In other words, the downhill skier — the person who is further down the slope — has the right of way.
« The uphill skier has to watch out for the downhill skier.
