The Oswalds sought approximately 1.4 million dollars in damages against Snow King.

Jackson attorneys James Lubing and Leah Corrigan, representing Snow King Ski Area and Mountain Resort, acknowledged that the minor fell from the lift and sustained injuries in the fall, but maintained that Snow King was not responsible for the fall. The Wyoming Recreation Safety Act holds individuals personally responsible for injuries and damages they sustain that result from an inherent risk of the recreational activity they participate in, and provides that the provider is not liable for the damages. The Act applies to virtually all common outdoor recreational activities such as river rafting, horseback riding and other similar activities. Attorneys Lubing and Corrigan argued that the minor’s fall and subsequent injuries resulted from an inherent risk of alpine skiing. The jury agreed.