Malaguit took the case to the Appellate Court where he argued that the jury was given flawed instructions. The Court, however, upheld the original verdict.
"We were confident that the Appellate Court would affirm the jury's unanimous verdict in this case, which it has now done," defense attorney Charles Gfeller told SAM. "We are hopeful that the case will finally end here so that James and his family, as well as Ski Sundown, Inc., may move on from this tragedy."