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JAMES L. FREEMAN, JR. v. SUGAR MOUNTAIN RESORT, INC.

Premises Liability — negligence by ski resort operator — failure to show breach of duty or proximate cause

The decision of the Court of Appeals in an action by a skier against a ski resort operator to recover for injuries received when struck by another skier who jumped into him from a makshift ramp is reversed and the case is remanded for reinstatement of summary judgment for defendant ski resort operator for the reasons stated in the dissenting opinion that plaintiff failed to establish a breach of duty of defendant or that any breach of duty proximately caused plaintiff's injuries.

PER CURIAM.

For the reasons stated in the dissenting opinion by Judge Lewis, the decision of the Court of Appeals is reversed and the case is remanded to the Court of Appeals for further remand to the Superior Court, Avery County, for reinstatement of its summary judgment in favor of defendant.

REVERSED AND REMANDED.

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FREEMAN v. SUGAR MTN. RESORT, INC
(Dec 1, 1999)