IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 16cv2976
STUART PENDLETON,
Plaintiff,
vs.
MICHAEL SURA,
Defendant.
_____________________________________________________________________________
COMPLAINT FOR DAMAGES AND JURY DEMAND
______________________________________________________________________________
Plaintiff Stuart Pendleton by and through his attorneys of record, Leventhal & Puga, P.C.,
for his Complaint and Jury Demand, states and alleges the following:
I. PARTIES, JURISDICTION, & VENUE
1.

Plaintiff Stuart Pendleton is and was at all relevant times, a resident the State of

New Mexico, residing at 113 Pine St., Santa Fe, New Mexico 87501.
2.

Upon information and belief, Defendant Michael Sura is and was at all relevant

times, a resident of the State of Colorado, residing at 140 Seasons Four, Snowmass Village,
Colorado.
3.

This Court has subject matter jurisdiction as this is a diversity action filed under

the provisions of 28 U.S.C. 1332 by reason of the diversity of the citizenship of the parties and
the amount in controversy. Plaintiff is a citizen of New Mexico. Defendant is a citizen of
Colorado. The amount in controversy, without interests and costs, exceeds $75,000.00.

4.

This Court has personal jurisdiction over Defendant pursuant to C.R.S. 13-1-

124(1)(b).
5.

Venue in this Court is proper pursuant to 28 U.S.C. 1391(b)(2).

II. GENERAL ALLEGATIONS

6.

Plaintiff incorporates by reference paragraphs 1 through 5 as if fully set forth

7.

On or about April 7, 2016, Plaintiff Stuart Pendleton was skiing at Snowmass Ski

herein.

Resort located in Snowmass Village, Colorado.

8.

At that time, Plaintiff was working as a volunteer for the National Disabled

Veterans Winter Sports Clinic.

9.

The National Disabled Veterans Winter Sports Clinic provides adaptive winter

sports instruction for U.S. Military veterans and active duty servicemen and women with
disabilities.
10.

On or about April 7, 2016, hundreds of disabled skiers participated in the National

Disabled Veterans Winter Sports Clinic at Snowmass Ski Resort.

11.

As a volunteer for the National Disabled Veterans Winter Sports Clinics, Plaintiff

provided instruction and assistance to disabled skiers, including but not limited to paraplegic
skiers.
12.

At around 10:30 a.m. on or about April 7, 2016, Plaintiff was skiing on a marked

and open intermediate ski trail called Micks Gully.

13.

At that time, the weather conditions were clear and sunny.

14.

At that time, Plaintiff was assisting a paraplegic skier on a bi-ski, which consisted

of two skis attached to a bucket seat in which the disability skier sat.
15.

Plaintiff assisted the disabled skier by skiing behind him and guiding him with

tethers, which were attached to the bi-ski.

16.

At or around that time, on April 7, 2016, Defendant Michael Sura was skiing at

Snowmass Ski Resort located in Snowmass Village, Colorado.

17.

Upon information and belief, Defendant had twenty years or more years of

experience skiing.
18.

Upon information and belief, Defendant had previously worked as a ski patroller

at a ski resort in Colorado.

19.

Defendant knew or should have known that there were hundreds of disabled

skiers skiing at Snowmass Ski Resort at or around that time on April 7, 2016.
20.

At or around 10:30 a.m. on April 7, 2016, Defendant was skiing uphill from

Plaintiff on Micks Gully.

21.

Upon information and belief, Defendant had skied on the Micks Gulley ski trail

at least once before April 7, 2016.

22.

Defendant knew or should have known that the skiers and other obstacles below

him were not always immediately visible.

23.

Upon information and belief, at or around that time, Defendant was racing another

24.

Upon information a belief, Defendant did not have control of his speed.

skier.

25.

Upon information and belief, Defendant was not looking out for downhill skiers,

particularly Plaintiff.
26.

When Plaintiff and the disabled skier were about midway down the Micks Gulley

trail, the disabled skier slid to a stop and his bi-ski tipped over.
27.

At or around that time, Defendant Michael Sura approached Plaintiff and the

disabled skier at a fast and uncontrolled speed.

28.

As Plaintiff and the disabled skier prepared to start skiing again, Defendant

collided directly into Plaintiff.

29.

Upon information and belief, Defendant also collided with the bi-ski, causing the

disabled skier to slide over twenty feet down the ski trail.
30.

Upon information and belief, Defendant slid over a hundred yards down the ski

trail after colliding with Plaintiff and the disabled skier.

31.

The impact of the collision caused serious and permanent injury to Plaintiff,

including but not limited to a bi-malleolar fracture of his left ankle.

32.

At or around 10:45 a.m. on April 7, 2016, another skier contacted ski patrol for

Aspen Skiing Company.

33.

At or around 10:48 a.m. on April 7, 2016, the first responder for ski patrol arrived

on the scene.
34.

At or around 10:58 a.m., ski patrol transported Plaintiff to the medical clinic by

toboggan and stretcher.

35.

At the medical clinic, Plaintiff was diagnosed with a left bi-malleolar ankle

fracture with associated joint subluxation.

36.

At the medical clinic, it was determined that Plaintiffs left ankle fracture was so

severe that it required surgery to achieve a stable result.

37.

As a result of the injuries he suffered during the collision, Plaintiff has undergone

extensive medical care and treatment, including but not limited to multiple surgeries,
rehabilitation, and physical therapy.
38.

As a result of the negligence of Defendant, Plaintiff Stuart Pendleton has suffered

past and future economic damages, including but not limited to medical expenses, lost wages,
and loss of home services, permanent physical injuries, physical impairment, physical
disfigurement, and past and future noneconomic losses, including but not limited to loss of
enjoyment of life, pain, physical suffering, emotional distress, and mental anguish.
III. FIRST CLAIM FOR RELIEF
(Negligence)
39.

Plaintiff incorporates by reference paragraphs 1 through 38 as if fully set forth

40.

At all relevant times, Defendant Michael Sura had a duty to maintain control of

herein.

his speed while skiing.

41.

At all relevant times, Defendant had a duty to maintain proper lookout so as to be

able to avoid other skiers below him.

42.

On or about April 7, 2016, Defendant breached his duty and was negligent and

careless by, inter alia:

a. Failing to maintain proper control while skiing;
b. Failing to control his speed while skiing;
c. Failing to maintain a proper look out for skiers below him while skiing;
5

d. Failing to assess the terrain of the ski slope, including but not limited to the
visibility of skiers below him;
e. Failing to assess the conditions of the ski slope;
f. Failing to assess the people present on the ski slope;
g. Hitting other skiers who had the right of way;
h. Colliding with downhill skiers; and
i. Failing to ski in a manner to avoid other people on the slope.
43.

As a direct and proximate result of the negligence of Defendant, Plaintiff Stuart

Pendleton has suffered injuries, damages, and losses described elsewhere herein.
IV. SECOND CLAIM FOR RELIEF
(Negligence Per Se)
44.

Plaintiff incorporates by reference paragraphs 1 through 43 as if fully set forth

45.

At all relevant times, the provisions of sections 33-44-109(1) and (2), C.R.S.,

herein.

were in effect.
46.

At all relevant times, C.R.S. 33-44-109(1) and (2) provided that:

(1) Each skier solely has the responsibility for knowing the range of his own
ability to negotiate any ski slope or trail and to ski within the limits of
such ability. Each skier expressly accepts and assumes the risk of and all
legal responsibility for any injury to person or property resulting from any
of the inherent damages and risks of skiing; except that a skier is not
precluded under this article from suing another skier for any injury to
person or property resulting from such other skiers acts or omissions.
Notwithstanding any provision of law or statute to the contrary, the risk of
a skier/skier collision is neither an inherent risk nor a risk assumed by a
skier in an action by one skier against another.
(2) Each skier has the duty to maintain control of his speed and course at all
times when skiing and to maintain a proper lookout so as to be able to
6

avoid other skiers and objects. However, the primary duty shall be on the
person skiing downhill to avoid collision with any person or objects below
him.
47.

On or about April 7, 2016, Defendant violated one or more provisions of this

statute by, inter alia:

a. Failing to maintain control of his speed while skiing;
b.

Failing to maintain a proper look out while skiing;

c.

Failing to ski in a manner to avoid other skiers; and

d. Colliding with skiers below him, including Plaintiff.

48.

The purpose of C.R.S. 33-44-109(1) and (2) is to protect persons such as

Plaintiff from the types of injuries, damages, and losses sustained as a result of Defendants
negligence.
49.

The negligence per se of Defendant was a direct and proximate cause of

Plaintiffs injuries, damages, and losses more fully describe elsewhere herein.
50.

Defendants violations of C.R.S. 33-44-109(1) and (2) constitute negligence per

se.
WHEREFORE, Plaintiff Stuart Pendleton respectfully prays for compensatory damages
in his favor and against the Defendant in an amount to be determined by the trier of fact, interest
from the date of filing, pre-judgment and post-judgment interest as allowed by law, and for costs,
disbursements, expert witness fees, witness fees, filing fees, deposition expenses, and for such
other and further relief as the Court may deem appropriate and just.

PLAINTIFF HEREBY DEMANDS A TRIAL TO A JURY.

Respectfully submitted this 6th day of December, 2016.
LEVENTHAL & PUGA, P.C.
A duly signed original is available for inspection
at the offices of Leventhal & Puga, P.C.

By:

/s/ Paige Singleton

Jim Leventhal, #5815
Paige Singleton, #49011
LEVENTHAL & PUGA, P.C.
950 S. Cherry Street, Suite 600
Denver, CO 80246
Telephone: (303)759-9945
Facsimile: (303)759-9692
Email: jim@leventhal-law.com
Email: psingleton@leventhal-law.com
Attorneys for Plaintiff