Appeal from an order of the Supreme Court (Williams, J.), entered October 7, 1999 in Saratoga County, which denied defendants’ motion for summary judgment dismissing the complaint.
On the night of February 20, 1995, plaintiff was skiing at West Mountain in Warren County when he encountered a depression in the trail, causing him to flip over and sustain an injury to his shoulder. Plaintiff was a regular skier having skied as a teenager and having resumed the activity in the preceding two-year period. Indeed, he skied at an intermediate level and readily acknowledged that he had skied West Mountain approximately six to eight times during the 1994-1995 ski season alone.
The trail on which plaintiff was injured was illuminated by spotlights lining its entire right side. Approximately 100 yards from the ski lift, the trail temporarily forked into two paths, separated by a clump of trees. The accident occurred on a run in which plaintiff veered left at this fork. According to plaintiff, he was unable to see the one-foot depression in the trail because a shadow was cast by the island of trees. Plaintiffs former wife, with whom he was skiing that night, testified at a pretrial deposition that the subject trail was “well lit” on both sides of these trees but confirmed that a shadow was cast on the left side by the trees. She compared the lighting conditions in the shadowed area to lighting conditions at dusk.
Plaintiff commenced this action against defendants alleging
An individual who participates in the activity of downhill skiing assumes the inherent risk of personal injury caused by ruts, bumps or variations in the conditions of the skiing terrain (see, General Obligations Law § 18-101; see also, Jordan v Maple Ski Ridge,
Spain, J. P., Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the order is reversed, on the law, with costs, motion granted, summary judgment awarded to defendants and complaint dismissed.
