Bayer v. Crested Butte Mountain Resort, Inc.

Because I do not believe that the common carrier standard of care enunciated in Summit County Development Corp. v. Bagnoli, 166 Colo. 27, 33, 441 P.2d 658, 661 (1968), survives the General Assembly’s express pronouncements in the Colorado Passenger Tramway Safety Act (Tramway Act) and the Colorado Ski Safety and Liability Act (Ski Safety Act), I respectfully dissent.

I

The issues certified to this court by the United States Court of Appeals for the Tenth Circuit are:' (1) what standard of care governs the duty owed by ski lift operators in Colorado to winter season lift users; and (2) does the…