McHerron v. Jiminy Peak, Inc.

This is the first of two cases interpreting the Massachusetts “Ski Safety Act,” G. L. c. 143, §§ 71H-71S (1994 ed.). In this case, we must decide whether G. L. c. 143, §§ 71N and 71O, bar a plaintiff from recovering for injuries resulting from a bare spot in the trail leading from the base lodge of the defendant’s ski area to the chairlift. The plaintiff, Elena McHerron, was injured while skiing at the defendant’s ski area. McHerron alleges that her injuries resulted from the defendant’s actions in negligently placing a snow-making machine behind a tree so that man-made snow blew in such a…