DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
021311P.pdf 01/31/2003 Breanne Bennett v. Hidden Valley Golf
U.S. Court of Appeals Case No: 02-1311
Eastern District of Missouri
Civil case - torts. Under Missouri law, a voluntary skier
assumes the risks inherent in or incidental to skiing,
regardless of her subjective knowledge of those risks;
Instructions requiring the jury to find for defendant if
it determined that the conditions on the ski slope at the
time plaintiff was injured were inherent risks of skiing
properly submitted the law; instructions also properly
set out the duty of care a proprietor of a place of public
amusement owes a customer; brief reference to plaintiff's
illegal drug use in opening statement was relevant to
her injuries and the court did not err in overruling plaintiff's
objection to the remark; videotape of scene was not offered
as a reconstruction and plaintiff was not prejudiced by its
admission; comment about plaintiff's companions was
not outside the bounds of fair comment during opening
statements; evidence was sufficient as a matter of law to
support jury verdict for defendant.