Trial dates are to be set soon in the case of a Front Range couple who are suing the Carbondale parents of a minor they say caused an accident at the Snowmass Ski Area in March 2017.
The attorney for Tony and Marty Shelburne of Parker last month informed Judge Chris Seldin of Pitkin County District Court that mediation in January with the lawyer representing the defendants, Eric and Sarah Berry, was unsuccessful.
The Shelburnes sued the Berrys in April, alleging their child, who was the uphill skier, struck Tony Shelburne just after noon on March 4, 2017, as he started down Reidar’s Trail. The trail near the High Alpine lift is a black-diamond run. Shelburne, described as an experienced skier in the lawsuit, sustained a fractured left leg, according to the filing, which contains a claim for negligence.
The injury left him unable to perform his duties as a site superintendent for the basement-finishing company and investment firm that he co-owns, wrote his attorney, James Chalat of Denver.
Last month’s trial-setting notice says that mediation was initially set for September, then rescheduled so the Berrys’ attorney could further investigate the plaintiffs’ economic losses.
In January, “unsuccessful mediation lasted less than 100 minutes,” Chalat wrote.
Trial dates could be set today, a court clerk said.