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GARRETT v. BEAVER RUN SKI ENTERPRISES, INC.

No. 86-B-624.

702 F.Supp. 265 (1988)

William E. GARRETT, Jr., Plaintiff, v. BEAVER RUN SKI ENTERPRISES, INC., Marker U.S.A., and Aspen Skiing Company, Defendants.

United States District Court, D. Colorado.

December 29, 1988.

Attorney(s) appearing for the Case

Marshall T. Riggs, Chrisman, Bynum & Johnson, P.C., Boulder, Colo., Henry V. Sutton, Memphis, Tenn., for plaintiff.

David B. Higgins, Long & Jaudon, P.C., Denver, Colo., for Beaver Run Ski.

Stephen K. Gerdes, Peter W. Rietz, White & Steele, P.C., Denver, Colo., for Marker U.S.A.

Mary D. Metzger, Michael S. Beaver, William W. Maywhort, Holland & Hart, Englewood, Colo., for Aspen Skiing Co.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

In this diversity action, plaintiff, William E. Garrett, Jr., seeks money damages for injuries he sustained while skiing at Breckenridge, Colorado. In claim two of his third amended complaint, plaintiff alleges that defendant Marker U.S.A. (Marker) is strictly liable for all damages incurred when the ski bindings manufactured and distributed by Marker failed to release.

Marker moves for partial...

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