Notwithstanding the provisions of section 1036 of this title, a person who takes part in any sport accepts as a matter of law the dangers that
inhere therein insofar as they are obvious and necessary. (Added 1977, No. 119 (Adj. Sess.), § 2, eff. Feb. 7, 1978.)
Hay v. Med. Ctr. Hosp. of Vermont, 496 A.2d 939 (Vt. 1985). · cites it 2ד2d 398 (1978), in which the jury awarded damages to a skier injured in a downhill skiing accident. E. Defendants' final argument is that our recognition of a cause of action for the loss of parental consortium will result in a dramatic increase in insurance premiums.”
Nelson v. Snowridge, Inc., 818 F. Supp. 80 (D. Vt. 1993). · cites it 5דSugarbush has moved for summary judgment, asserting that Nelson’s recovery is barred by 12 V.S.A. § 1037, that she was contributorily negligent in skiing the trail, and that she assumed the risk of injuring herself when she continued to ski on the trail with knowledge of its icy…”
Gemmink v. Jay Peak Inc., 807 F.3d 46 (2d Cir. 2015). “vidence of negligence and causation of the kind of harm that occurred is particularly strong, or (b) the defendant is in a distinctly better position to tell us what happened)? Or, finally, is Vermont relatively indifferent to error in one direction or the other, offering no…”
USGen New England, Inc. v. Town of Rockingham, 2003 VT 102 (Vt. 2003). · cites it 2ד2d 765, 767 (1994) (relying on Legislature's "avowed purpose for the statute" in construing intent underlying acceptance-of-risk statute, 12 V.S.A. § 1037). A legislative declaration of purpose does not, however, command automatic acceptance.”
Umali v. Mount Snow Ltd., 247 F. Supp. 2d 567 (D. Vt. 2003). · cites it 2דAlternatively, Defendants seek summary judgment under Vermont’s sports injury statute, Vt. Stat. Ann. tit. 12, § 1037 (Lexis 2002), on the basis that the bike jump upon which the accident occurred was an “obvious and necessary” danger that Umali accepted as a participant in the…”
Spencer v. Killington, Ltd., 702 A.2d 35 (Vt. 1997). · cites it 2ד" 12 V.S.A. § 1037. Assumption of risk remains as a defense.”
Dalury v. S-K-I, Ltd., 670 A.2d 795 (Vt. 1995). “…in any sport accepts as a matter of law the dangers that inhere therein insofar as they are obvious and necessary.” 12 V.S.A. § 1037.”
Cernansky v. Lefebvre, 88 F. Supp. 3d 299 (D. Vt. 2015). · cites it 3דAssumption of Risk Lefebvre next argues that Peter assumed the risk of longboarding and that recovery is therefore barred under 12 V.S.A. § 1037. Section 1037 of Title 12 provides: “[n]otwithstanding the provisions of [Vermont’s comparative negligence statute], a person who…”
David J. Dillworth Dorothy Dillworth v. Andrew Gambardella, 970 F.2d 1113 (2d Cir. 1992). “The principal issues raised on appeal are (1) whether the Vermont Sports Injury Statute, Vt.Stat.Ann. tit. 12, § 1037 (1991), that provides for the assumption of certain risks by participants applies in a negligence action brought by one skier against another for a collision…”
Sylvio J. Pitasi & Joan Pitasi v. The Stratton Corp., 968 F.2d 1558 (2d Cir. 1992). “While the jury might have concluded that Pitasi’s signature on the pass prevented recovery, it might alternatively have found that the season pass signed by Pitasi merely reflected Vt.Stat.Ann. tit. 12 § 1037 (1990), which states that “a person who takes part in any sport…”
Dillworth v. Gambardella, 776 F. Supp. 170 (D. Vt. 1991). · cites it 2דNotwithstanding plaintiffs’ objection, the court in its charge instructed the jury on the Vermont Sports Injury Statute, 12 V.S.A. § 1037, which states that “... a person who takes part in any sport accepts as a matter of law the dangers that inhere therein insofar as they are…”
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