High Meadow chairlift, Canyons Village Photo: TownLift

Defendant Vail Resorts seeks dismissal with prejudice; trial tentatively set for May 2025

SUMMIT COUNTY, Utah — Last month, Vail Resorts Inc. (VRI) responded to a complaint filed by Leo Mak, individually and as a personal representative for his daughter, a minor, in the Third Judicial District Court of Utah. The response outlines a series of affirmative defenses against the plaintiffs’ allegations, including that the plaintiff’s complaint “should be dismissed with prejudice for failure to state a claim upon which relief can be granted.” The response also claims that VRI is not the proper entity named in the allegations. VRI denies ownership or operation of Park City Mountain, stating VR CPC Holdings, Inc., doing business as Park City Mountain, should be the proper defendant.

Another key point from Vail’s response is that Mak’s claims are barred by express and implied waiver, the primary and/or secondary assumption of risk doctrines, and Utah’s Inherent Risk of Skiing statute. The response concludes with a request to dismiss the plaintiffs’ claims with prejudice and award the defendant costs incurred in defending the action.

The trial is tentatively scheduled for May 2025. Fact discovery is due by October 2024, and expert discovery is due by May 2025.