(dissenting).
I respectfully dissent and would award summary judgment to appellant. There is no material fact issue in this case. As a matter of law, respondent cannot meet the requirement of section 335(a)(iii) of Restatement (Second) of Torts that there be “a condition of such a nature that [appellant] has reason to believe that [respondent would] not discover it.” The topography of the “Gandy Dancer” trail was not hidden; it was open and obvious.
Respondent does not claim that Martin was unaware of the condition. Instead, respondent claims that (1) the condition was dangerous because the topography slanted toward the woods and a skier who fell would slide toward those woods; and (2) the condition was dangerous because of the physical dynamics of the hill together with the unique human factor attributes of the sport of skiing.
Respondent’s issues address, it seems to me, not a condition undiscovered by Martin, but the effects of a condition which he clearly had discovered. The Restatement does not bring effects within its scope. This court should not do so either. Abundant case law sets forth the proper application of section 335 of Restatement (Second) of Torts. That ease law should be followed. See Steinke v. City of Andover, 525 N.W.2d 173, 177 (Minn. 1994); Schaffer v. Spirit Mountain Rec. Area Auth., 541 N.W.2d 357, 360-61 (Minn. *607App.1995); Martinez v. Minnesota Zoological Gardens, 526 N.W.2d 416, 418-19 (Minn. App.1995).