Colorado Supreme Court upholds dismissal of Vail Resorts lawsuit

The Colorado Supreme Court issued a 4-3 decision in John Litterer v. Vail Resorts, upholding the dismissal of a lawsuit brought by a Texas man. Litterer claimed he was struck by an employee on a snowmobile at Breckenridge Ski Resort in 2020.

Justice Maria Berkenkotter, writing for the majority, ruled that Litterer voided his legal claims by signing a liability waiver when he purchased an Epic Pass for the 2022-23 ski season. The waiver required users to dismiss any existing claims against Vail Resorts as a condition of access. The court noted that Litterer had previously signed a waiver when purchasing a pass for the 2020-21 season, the year of the injury, and again during his ongoing litigation.

In the opinion, Berkenkotter stated that Litterer “unambiguously agreed to ‘waive any and all claims’” and noted that individuals are presumed to know the contents of a contract they sign, regardless of whether they read it.