Kotovsky v. Ski Liberty Operating Corp.

WIEAND, Judge:

While participating in the second heat of a downhill ski race, Karl Kotovsky failed to negotiate a turn at the fourth gate and collided with a wooden fence post situated along the side of the course. As a result of this accident, he received serious injuries. Alleging negligence in failing to pad the post, Kotovsky and his wife, Sharon, commenced an action for damages against Ski Liberty Operating Corpora tion (Ski Liberty), the owner of the slope. In its answer to the complaint, Ski Liberty pleaded two exculpatory agreements and releases which Kotovsky had executed prior to…