concurring:
I concur in the majority opinion. I may not agree with Clover v. Snowbird Ski Resort, 808 P.2d 1037 (Utah 1991), a decision in which I did not participate, but it was decided by the highest court of this state and the construction it gave to the inherent risks of skiing statute is the law in Utah. No new facts relevant to the correctness of that decision have come to light since it was handed down. If the legislature disagrees with Clover’s construction of the inherent risks of skiing statute, it can change it, but we should leave the matter where it lies. Justice Rus-son’s suggestions to the contrary notwithstanding, this case cannot be legitimately analogized to State v. Menzies. The only basis Justice Russon offers for overruling Clover is that he disagrees with it. That certainly does not satisfy Menzies’ careful requirements for overruling prior ease law.