Team B Defense 1 Case Study One
Nancy Ferraro, Fredrick Files, Eric Fitzgerald, Kimberly Ignatowski, David Levan, Shawna
Murphy
Module 4 Team B Defense 2 Ladies and gentlemen of the jury, the plaintiff would have you believe that Bethlehem Ice
Solutions and their employees, Dan and Abby, are liable for the injuries caused to Alex on the
day in question. However, you should remember that skiing is a dangerous sport, and collisions
on ski slopes frequently occur. Alex implicitly assumed this risk when he chose to ski that day,
and his expertise in the sport means that he knew the conditions following the unexpected
snowfall would be even more risky than usual. “Safety in Skiing” Code at N.Y. Gen. Oblig. §§
18-101 states that skiing may be hazardous regardless of all feasible safety measures, and skiers
knowingly assume this risk. Also remember that Craig has already accepted liability and settled
with Alex, and that Craig’s liability was subject to the sports exception doctrine, which requires
heightened proof of reckless conduct for injuries resulting from risky sports. This means that
Craig’s actions that day were so irresponsible that Bethlehem Ice Solutions, Dan, or Abby could
not have possibly foreseen this type of accident occurring. Therefore, it is our contention that any
responsibility for the accident beyond the normal risks associated with skiing rests solely with
Craig, and that Alex has been appropriately made whole through his settlement with Craig.
The plaintiff, however, asserts that negligence on the part of Bethlehem Ice Solutions,
Dan, and Abby resulted in Alex’s injuries. In order for there to be liability for negligence, there
must be the existence of a duty, a breach of that duty, and an injury that was a foreseeable
consequence of the breach. Clearly, Bethlehem Ice Solutions, Dan and Abby each had a duty and
a responsibility to their customers that day. The plaintiff argues that this duty was breached when
Craig was directed to a slope (“Willie’s Wander”) when the condition of that slope was not clear
following the unexpected and severe storm; they also contend that this alleged breach caused
Alex’s injury. However, even if this was a breach of their duty (and we don’t concede that it was,
as they acted to the best of their abilities in very difficult circumstances) it would be irrelevant
because it was not the recommendation to ski Willie’s Wander that caused this incident — it was
Craig’s later choice to remove his skis, leave Willie’s Wander, and walk across the slopes and
into another skier’s path on an advanced slope. There was no possible way for Bethlehem Ice
Solutions or any of their employees to foresee that he would make such a reckless decision. Stare
decisis tells us to stand by that which is decided, or to adhere to previously decided cases.
Palsgraf v. Long Island Rail Road Co., also decided in New York State, set a precedent in a
similar negligence case; in his ruling, Judge Cardozo said, “there was nothing in the situation to
suggest to the most cautious mind” that the actions in question would have led to the injuries that
occurred. This is a crucial precedent for you to consider, for there was nothing in the situation on
the slopes that day to suggest to the most cautious mind that directing Craig to Willie’s Wander
would have resulted in injury to Alex on a completely different slope. And, to quote the
prosecution’s closing statement, “It is clearly not foreseeable that a skier on an advanced
slope would expect a man--without skis--to step out of a forest and onto an advanced level
ski slope." We wholeheartedly agree with the prosecution that this accident was in no way
foreseeable. Your decision should reflect this fact and therefore release Bethlehem Ice Solutions,
Dan, and Abby from all liability in this negligence case. Team B Defense 3 While the events of that day were life-altering for Craig, he made the choice, without
assistance or guidance from any other, to walk across the slopes so he could be closer to the
parking lot. The accident was a result of his own negligence and recklessness, not that of
Bethlehem Ice Solutions or its employees. Your decision must reflect that, just as in Palsgraf v.
Long Island Rail Road Co., “there was nothing to suggest to the most cautious mind” that Alex’s
injuries were a foreseeable consequence of the actions of Bethlehem Ice Solutions and their
employees, Dan and Abby; therefore, they are clearly not liable for Alex’s injuries.

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