Couple sues Snowshoe for injuries

by Kyla Asbury |
Apr. 2, 2015, 11:15am

MARLINTON – A couple is suing Snowshoe Mountain Inc. after they claim it was negligent and caused injuries.

On March 14, 2014, Jessie Bryan Marchand Graham was injured while snowboarding at Snowshoe when his snowboard struck a sign pole that was lying flat on the snow, causing him to fall to the ground and slide headfirst into a wooden staircase to a building that was on the ski slope, according to a complaint filed March 16 in Pocahontas Circuit Court.

Jessie Graham and Julie Bobbie Gail Anderson Graham claim the sign pole, the wooden staircase and the building were all owned and controlled by Snowshoe and Snowshoe allowed a sign marking to be lying flat on the snow in a manner that was not visible to the guests of its ski resort.

Snowshoe chose where to place the building Jesse Graham struck, causing his injuries, according to the suit.

The Grahams claim Snowshoe failed to conform to the standard of care expected of members of the ski resort industry and violated specific safety statutes that are in place to protect the public.

Snowshoe violated West Virginia code by failing to mark conspicuously the top or entrance to each ski slope, trail or area to designate open or closed; failing to designate by trail board or otherwise which trails are open or closed; and failing to maintain the ski areas in a reasonably safe condition, according to the suit.

The Grahams claim Snowshoe's conduct was intentional and reckless and constitutes gross negligence toward Jesse Graham and other guests of the resort.

Jesse Graham never contemplated that Snowshoe would mark slopes in the manner that it did, place signage in the manner that it did, that he would encounter signs lying flat on the ground when snowboarding on Snowshoe's slopes, according to the suit.

The Grahams claim Jesse Graham suffered injuries, some of which are permanent in nature.

The Grahams are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by James G. Bordas III of Bordas & Bordas PLLC.

The case has been assigned to Circuit Judge Robert E. Richardson.

Pocahontas Circuit Court case number: 15-C-14

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