McLean v. Winter Park Recreational Ass'n

BABCOCK, Judge,

specially concurring.

I write separately because, although I agree that summary judgment was improperly granted on this record, I disagree with the majority’s interpretation of the statute.

The question is whether there is any genuine issue of material fact that the parking lot where plaintiff was injured was a “ski area” as defined by § 33-44-103(6), C.R.S. (1984 Repl.Vol. 14). That section states:

“ ‘Ski area’ means all ski slopes or trails and other places under the control of a *754ski area operator and administered as a single enterprise within this state.” (emphasis added)

This…