David J. Dillworth Dorothy Dillworth v. Andrew Gambardella

CARDAMONE, Circuit Judge:

On a bright, clear Saturday morning in February near the foot of the Black Bear Trail at Stratton Mountain, Vermont, two skiers collided. Most participants in that winter sport have experienced or witnessed such traumatic incidents, which at the very least shock and leave one shaken, and often cause injury. Sometimes, as here, where the injuries are serious, litigation results. Such is the case here where David J. Dili-worth and his wife, Dorothy Dillworth, brought the instant diversity negligence action against Andrew Gambardella for damages arising out of a skiing…