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BRETT v. GREAT AMERICAN RECREATION, INC.

144 N.J. 479 (1996)

677 A.2d 705

PATRICK BRETT AND ELISA RAMUNDO, PLAINTIFFS-RESPONDENTS, v. GREAT AMERICAN RECREATION, INC., DEFENDANT-APPELLANT, AND STONEHILL PROPERTY OWNERS ASSOCIATION, INC., AND HOTEL SECTION CONDOMINIUM COUNCIL, INC., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, AND RUDOLPH MAURIZZI, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. DENISE McDADE AND NANCY MORGAN, THIRD-PARTY DEFENDANTS. KAREN FURMAN, PLAINTIFF-RESPONDENT, v. GREAT AMERICAN RECREATION, INC., DEFENDANT-APPELLANT, AND STONEHILL PROPERTY OWNERS ASSOCIATION, INC., AND HOTEL SECTION CONDOMINIUM COUNCIL, INC., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. RUDOLPH MAURIZZI, THIRD-PARTY DEFENDANT-RESPONDENT. DONALD PISARCIK, PLAINTIFF-RESPONDENT, v. GREAT AMERICAN RECREATION, INC., DEFENDANT-APPELLANT, AND STONEHILL PROPERTY OWNERS ASSOCIATION, INC., AND HOTEL SECTION CONDOMINIUM COUNCIL, INC., DEFENDANTS, AND RUDOLPH MAURIZZI, DEFENDANT-RESPONDENT. MEGAN RUSSELL, PLAINTIFF-RESPONDENT, v. GREAT AMERICAN RECREATION, INC., DEFENDANT-APPELLANT, AND STONEHILL PROPERTY OWNERS ASSOCIATION, INC., AND HOTEL SECTION CONDOMINIUM COUNCIL, INC., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, AND RUDOLPH MAURIZZI, THIRD-PARTY DEFENDANT-RESPONDENT, AND LISA CARMELITANO AND KAREN FURMAN, THIRD-PARTY DEFENDANTS.

The Supreme Court of New Jersey.

Decided June 13, 1996.

Attorney(s) appearing for the Case

George C. Jones argued the cause for appellant (Ribis, Graham & Curtin and Samuel A. DeGonge, attorneys; Mr. DeGonge and Jerome J. Graham, Jr., of counsel).

Philip G. Auerbach argued the cause for respondents Patrick Brett, Elisa Ramundo, Karen Furman and Donald Pisarcik.

John P. Doran argued the cause for respondent Megan Russell.

Jared E. Stolz argued the cause for respondent Rudolph S. Maurizzi (Methfessel & Werbel, attorneys).

The opinion of the Court was delivered by STEIN, J.

This appeal requires us to consider the scope and proper application of the New Jersey Ski Statute, N.J.S.A. 5:13-1 to -11 (Ski Statute). Plaintiffs sued for compensation for injuries they sustained in an accident while tobogganing on a snow-covered hill that was part of a ski resort operated by defendant. The trial court instructed the jury to apply the Ski Statute, and the jury returned a verdict for plaintiffs...

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