Tilley v. Brodie Mountain Ski Area, Inc., 591 N.E.2d 202 (Mass. 1992). · Go Syfert
Tilley v. Brodie Mountain Ski Area, Inc., 591 N.E.2d 202 (Mass. 1992). Cases Citing This Book View Copy Cite
“our review is limited to errors of law including abuse of discretion”
25 citation events (12 in the last 25 years) across 6 distinct courts.
Strongest positive: Commonwealth v. Anderson (mass, 2003-05-21)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Commonwealth v. Anderson
Mass. · 2003 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
our review is limited to errors of law including abuse of discretion
cited Cited as authority (rule) Rasten v. Commonwealth
Mass. · 2003 · confidence medium
“Our review is limited to errors of law including abuse of discretion.” Commonwealth v. Sowell, 412 Mass. 1009, 1009 (1992).
cited Cited as authority (rule) Rasten v. District Attorney
Mass. · 2002 · confidence medium
“Our review is limited to errors of law including abuse of discretion.” Commonwealth v. Sowell, 412 Mass. 1009, 1009 (1992).
discussed Cited as authority (rule) Eipp v. Jiminy Peak, Inc.
D. Mass. · 2001 · confidence medium
However, an equally important purpose of the MSSA is to increase skier safety by “requiring operators to implement greater safety precautions.” Tilley v. Brodie Mountain Ski Area, Inc., 412 Mass. 1009 , 591 N.E.2d 202, 203 (1992) (quoting Note, Ski Operators and Skiers — Responsibility and Liability, 14 New Eng.L.Rev. 260, 271 n. 79 (1978)); see also Diehl v. Catamount Ski Area, Inc., 1990 WL 72073 , at *3 (D.Mass.
discussed Cited as authority (rule) Ajemian v. Wachusett Mountain Ski Area, Inc.
Mass. Super. Ct. · 2001 · confidence medium
As stated by the Supreme Judicial Court in Tilley v. Brodie Mountain Ski Area, Inc., 412 Mass. 1009, 1010 (1992), “G.L.c. 143, §710 embodies the Legislature’s judgment that it would be both physically impossible and economically intolerable to require ski areas to guard against and assume responsibility for the negligence of their patrons.” For this Court to hold otherwise would be ignoring the Legislature’s directive.
discussed Cited as authority (rule) Glover v. Vail Corp.
D. Colo. · 1997 · confidence medium
In Tilley, for example, the Supreme Court of Massachusetts was confronted with the following language from its ski safety act: “[T]he responsibility for collisions by any skier with any other skier or person shall be solely that of the skier or person involved and not that of the operator____” 591 N.E.2d at 202, n. 1 .
cited Cited as authority (rule) Saldarini v. Wachusett Mountain Ski Area, Inc.
Mass. · 1996 · confidence medium
The plaintiff’s reliance on Tilley v. Brodie Mountain Ski Area, Inc., 412 Mass. 1009, 1010 (1992), is misplaced.
discussed Cited as authority (rule) Spinale v. Pam F., Inc.
Mass. Dist. Ct., App. Div. · 1995 · confidence medium
The statutes were enacted in 1968 not only to make the sport of skiing “safer by requiring operators to implement greater safety precautions,” but also “to decrease the economic threat to the ski industry by limiting an operator’s liability.” Tilley v. Brodie Mountain Ski Area, Inc., 412 Mass. 1009, 1010 (1992), quoting from Atkins v. Jiminy Peak, Inc., supra at 84.
discussed Cited "see" Commonwealth v. Arriaga (2×)
Mass. · 2003 · signal: see · confidence high
See Commonwealth v. Sowell, 412 Mass. 1009 (1992).
cited Cited "see" Forte v. Commonwealth
Mass. · 1997 · signal: see · confidence high
See Commonwealth v. Sowell, 412 Mass. 1009 (1992); Commonwealth v. Allen, 378 Mass. 489, 496-499 (1979).
discussed Cited "see, e.g." Rich v. Tamarack Ski Corp.
Mass. Super. Ct. · 2008 · signal: compare · confidence medium
Compare Tilley v. Brodie Mountain Ski Area, Inc., 412 Mass. 1009, 1010 (1992) (holding that common-law negligence claim may still lie where the plaintiff was struck from behind from a member of the ski patrol who was above her on the ski slope).
Retrieving the full opinion text from the archive…
Charlotte Tilley
v.
Brodie Mountain Ski Area, Inc.
Massachusetts Supreme Judicial Court.
May 11, 1992.
591 N.E.2d 202
Kevin C. Giordano for the plaintiff., Thomas J. Curley, Jr., for the defendant.
Cited by 11 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: Massachusetts Supreme Judicial… (1)

In this case we are asked to decide whether G. L. c. 143, § 710.(1990 ed.), which insulates ski areas from liability for collisions between skiers,[1] encompasses a ski operation’s agents or employees acting on its behalf. We hold that it does not.

While traversing a ski slope for intermediate skiers at an area owned and operated by Brodie Mountain Ski Area, Inc. (Brodie), the plaintiff, Charlotte Tilley, was struck from behind by a Brodie ski patrol member.[2] Following the accident, the plaintiff filed a complaint requesting relief, including reimbursement for medical expenses incurred as a result of the ski patroller’s alleged negligence. Brodie filed a motion for summary judgment. The judge allowed Brodie’s motion and entered a judgment for the defendant. The plaintiff appeals. We transferred the case to this court on our own motion. The plaintiff argues that the judge erred in allowing Bro-die’s summary judgment motion because G. L. c. 143, § 710, does not exempt Brodie from liability for injuries caused by its agent. We agree. Accordingly, we reverse the judgment for the defendant.

While an important purpose of G. L. c. 143, §§ 71H-71S (1990 ed.), is “to decrease the economic threat to the ski industry by limiting an operator’s liability,” an equally important purpose of that statute is to make the sport “safer by requiring operators to implement greater safety precautions.” Atkins v. Jiminy Peak, Inc., 401 Mass. 81, 84 (1987), quoting[*1010] Note, Ski Operators and Skiers — Responsibility and Liability, 14 New Eng. L. Rev. 260, 271 (1978). The statute, in addition to stating that “the responsibility for collisions by any skier with any other skier or person shall be solely that of the skier or person involved and not that of the operator,” § 710 provides that a “ski area operator shall: ... (6) ... be responsible for the maintenance and operation of ski areas under its control in a reasonably safe condition or manner," § 7IN.

Kevin C. Giordano for the plaintiff. Thomas J. Curley, Jr., for the defendant.

General Laws c. 143, § 710 (1990 ed.), embodies the Legislature’s judgment that it would be both physically impossible and economically intolerable to require ski areas to guard against and assume responsibility for the negligence of their patrons. Although it cannot be expected to select and control its patrons, a ski area is able to exercise a great degree of control in the selection, training and supervision of its ski patrol members.

We do not believe that the Legislature intended to alter the well established common law rule that an employer is liable for the negligence of its agents or employees. “A statute should not be interpreted to ‘require a radical change in established public policy or in the existing law [if] the act does not manifest any intent that such a change should be effected.’ ” Cousineau v. Laramee, 388 Mass. 859, 862 (1983), quoting Dexter v. Commissioner of Corps. & Taxation, 316 Mass. 31; 38 (1944). In Grass v. Catamount Dev. Corp., 390 Mass. 551 (1983), we determined that the limitations of actions provision of the statute did not apply to wrongful death claims. We stated that “[h]ad the Legislature intended that G. L. c. 143, § 71P, should apply to claims for wrongful death as well as to claims for injuries not resulting in death, we believe it would have done so expressly . . . .” Id. at 553. So, too, in this case there is nothing in the statutory scheme of G. L. c. 143, § 71H-71S, that indicates a legislative intent to insulate the ski area operation from liability for the negligence of its agents or employees.

Judgment reversed.

1

The statute reads, in relevant part: “A skier skiing down hill shall have the duty to avoid any collision with any other skier, person or object on the hill below him, and, except as otherwise provided in this chapter, the responsibility for collisions by any skier with any other skier or person shall be solely that of the skier or person involved and not that of the operator ....’’

2

For the purposes of its summary judgment motion, Brodie stipulated that the ski patrol member was acting as its agent.