A Lakewood man is suing a Virginia woman who allegedly collided with him on the Snowmass Ski Area in January, resulting in an injury that is preventing him from making another tour in Afghanistan, according to court documents.
James Willis and his wife Liane filed the lawsuit against Kate Jarosik of Herndon, Va., in Pitkin County District Court on Tuesday.
The accident happened around 10:30 a.m. on Jan. 27 on the green Lunchline run, according to the couple’s attorney, Russell Hatten of Denver.
Jarosik snowboarded into Willis, who was skiing, from behind at high speed, the lawsuit says.
Willis “was plainly and readily visible at all times immediately prior to the collision,” Hatten wrote. “He was at all times maintaining a proper lookout and skiing in control.”
Hatten confirmed that Jarosik did stop after the collision. Jarosik did not return a message seeking comment.
The accident left Willis, an active-duty member of the military, with a torn rotator cuff that required surgery.
“He can’t return” to duty, Hatten said. “He was supposed to be going overseas, but that is now doubtful.”
The lawsuit makes three negligence claims, among them that Jarosik breached her duty as the uphill skier to avoid a collision.
The court filing seeks more than $100,000 and a jury trial.
The lawsuit by a former ski instructor against the Aspen Skiing Co. and its owners should be dismissed because the summons and complaint were not properly served, according to the defendants’ attorney.
Aspen resident Lee Mulcahy’s lawsuit seeking to overturn his ban from SkiCo property should also be dismissed because county courts lack jurisdiction “to grant the relief requested,” the defense motion says.
Mulcahy sued Paula and James Crown, members of the family that owns SkiCo, and the company itself in Pitkin County Court on March 16. He was banned from SkiCo property in December 2010 after he distributed fliers criticizing the company’s pay policies for ski instructors. Mulcahy was fired in January 2011.
His lawsuit, which seeks a dollar in damages, says the ban infringes on his First Amendment rights. The defendants were to respond to the lawsuit by Wednesday, which they did.
Mulcahy was cited March 29 for trespassing after he taped a court summons for the defendants on a door at SkiCo headquarters at the Aspen Business Center.
Mulcahy “attempted to serve the Crowns — but not SkiCo — by simply taping an envelope on the side door of SkiCo’s offices, with a copy of his summons and amended complaint addressed to the Crowns,” says the motion filed by defense attorney Lila Bateman of Denver.
Under the state’s rules for civil court procedures, “such service is clearly insufficient,” Bateman wrote. Serving a summons can only be done “by a person who is not a party to the case,” the motion says. Mulcahy is representing himself.
“Nothing under the rules permits [the] plaintiff to serve individual or company defendants by taping a copy of a summons and complaint to a business’ door in the hopes that someone might find it,” Bateman wrote.
The lawsuit should be dismissed because it was not properly served at least 14 days before Wednesday’s response deadline for the defendants, the motion says.
It should also be dismissed because county courts have no authority over the issuance of an injunction, something Mulcahy is seeking to overturn the property ban.
The Colorado Legislature “has specified that the county court shall have no jurisdiction over ... the issuance of injunctions” except in certain cases involving domestic violence and email spam, the motion says.