Northcutt v. Sun Valley Co.

McDEVITT, Justice,

specially concurring.

With the broad Legislative purpose set forth in I.C. § 6-1101 and the extremely restrictive language of I.C. § 6-1107, that has led the majority to the conclusion that Sun Valley Company is not liable for the injuries sustained by the plaintiff in this action, I concur.

The injuries sustained here were severe. The lack of planning, foresight, minimum caution, or attempt to minimize possible injury exhibited by Sun Valley Company in the design, construction and placement of the signpost causing those injuries is apparent.

The continuation of the disregard of all these factors by ski operators could, in a future time, lead one to the conclusion that their acts were not “an attempt to eliminate, alter, control or lessen such risks.”