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BENDER v. DAKOTA RESORTS MANAGEMENT GROUP

No. 23441.

700 N.W.2d 739 (2005)

2005 SD 81

Robert BENDER, Plaintiff and Appellant, v. DAKOTA RESORTS MANAGEMENT GROUP, INC., d/b/a Deer Mountain Ski Area, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 29, 2005.

Attorney(s) appearing for the Case

Michael J. Simpson of Julius & Simpson, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Matthew J. Kinney, Kinney Law Office, Spearfish, South Dakota, Attorney for defendant and appellee.

SABERS, Justice.

[¶ 1.] Robert Bender (Bender) worked as a ski lift operator at Deer Mountain Ski Area, located near Lead, South Dakota. Bender was injured while skiing during one of his breaks and sought compensation for his injuries from his employer. The circuit court found in favor of the employer, holding that the skiing injury sustained by Bender did not arise out of and in the course of his employment. Bender appeals and we reverse and remand.

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