Man loses appeal of dismissal of suit over injury at Belleayre Ski Resort

Jul 27, 2023

HIGHMOUNT, N.Y. — The State Supreme Court Appellate Division, Third Department, ruled Thursday in favor of the state, denying the appeal of a man whose claims he was injured in 2022 at Belleayre Mountain Ski Center due to negligence were dismssed.

Snowboarder Robert Bishop previously told the court he made contact with a metal bolt protruding from a telephone pole in April 2022. Bishop said he made contact with the bolt while attempting to steer himself around the pole on a slope he considered easy.

The operational supervisor working at the center that day said the area where the pole was marked as hazardous and closed and not part of the slope. Bishop said during the trial that he did not see any warnings but while observing photographs from that day said warnings were there.

Judges ruled against Bishop partly because of the visibility of the warnings.

“Claimant primarily contends that defendants breached their duty of care because, irrespective of the visibility of the pole itself, the protruding bolt was not readily visible or an inherent risk of snowboarding,” the decision said. “We disagree. The photographs of the pole taken shortly after the accident clearly locate it beyond the signage indicating the outer limits of the ski trail and mere feet from, as acknowledged by claimant, ‘plainly visible’ snowmaking equipment.”

Sign up for email newsletters