Diana Camire v. The Gunstock Area Commission
166 N.H. 374
| N.H. | 2014Background
- Plaintiff Diana Camire snowboarded at Gunstock on Feb 13, 2010 and was injured in a collision with a Gunstock snowboard instructor.
- A prominent sign at the ticket kiosk and the back of the lift ticket stated waivers of liability for inherent risks of winter sports.
- Plaintiff sued Gunstock for vicarious liability (through the instructor) and direct negligence (hiring/training/supervision).
- The trial court granted Gunstock summary judgment on all claims.
- Court interpreted RSA 225-A:24, I to immunize the operator from liability for collisions with other skiers or persons, including employees, as an inherent risk.
- The court declined to decide whether the instructor was acting within the scope of employment or whether releases would independently bar claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does RSA 225-A:24, I bar vicarious liability claims? | Camire argues statute does not bar collisions with employees. | Gunstock argues statute immunizes such collisions as inherent risks. | Yes, statute bars vicarious liability for employee collisions. |
| Is the instructor's employment status material to the outcome? | Inquiry whether instructor was acting within Gunstock’s employ. | Immunity applies regardless of status; resolution unnecessary. | Not decided; immunity controls and disposes of vicarious claims. |
| Was the negligent-hiring/supervision claim reviewable? | Direct negligence claim should survive if evidence supports it. | Claims fail for lack of causation or briefing; releases to be considered. | Affirmed on basis of immunity for vicarious claims; direct claim forfeited due to briefing. |
Key Cases Cited
- Sanchez v. Candia Woods Golf Links, 161 N.H. 201 (2010) (standard for reviewing summary judgment in NH)
- LaChance v. U.S. Smokeless Tobacco Co., 156 N.H. 88 (2007) (broad reading of implied risks in statutory immunity)
- Rayeski v. Gunstock Area, 146 N.H. 495 (2001) (statutory scope of risk may extend beyond enumerated items)
- Trahan-Laroche v. Lockheed Sanders, 139 N.H. 483 (1995) (employer liability for negligent supervision relevant to direct claim)
- Adie v. Temple Mt. Ski Area, 108 N.H. 480 (1968) (statutory immunity does not bar all operator negligence in instruction context)