Schmitz v. Cannonsburg Skiing Corp.

Plaintiff’s decedent died as the resuit of injuries incurred when he struck, while downhill skiing, the lone tree growing on a ski slope operated by defendant. Plaintiff appeals as of right from an order granting summary disposition in favor of defendant pursuant to MCR 2.116(C)(8). The trial court ruled that plaintiff’s claims of negligence and intentional nuisance were barred by the Ski Area Safety Act, MCL 408.321 et seq.; MSA 18.483(1) et seq. We agree and affirm.

Section 22(2) of the Ski Area Safety Act, MCL 408.342(2); MSA 18.483(22)(2), provides:

Each person who participates in the sport…