Correction appended
The College's request to end a lawsuit filed after the death of Christina Porter '06 was denied by a federal judge on Wednesday. Porter passed away on Jan. 16, 2005, less than a year after sustaining severe head injuries while taking a skiing class at the Dartmouth Skiway.
The court's ruling came in response to Dartmouth's request for summary judgment in the case, in which the judge decides the case without a trial.
"We are disappointed by the ruling," Dartmouth general counsel Robert Donin said in a statement. "Dartmouth was not at fault in this tragic situation, and we remain confident that will be proven."
Porter was enrolled in a beginning ski class to complete her physical education requirement. During a lesson on Feb. 3, 2004, she skied into a tree and was rushed to Dartmouth-Hitchcock Medical Center. She remained in a coma for the next six months before passing away the following January due to complications from her injuries.
Her parents, Brent Porter and Mary Salstrom of Brooklyn, N.Y., sued the College in federal district court on Feb. 2, 2007 for wrongful death and negligence, seeking over $20 million in damages.
Porter's parents allege that their daughter's instructors allowed her to ski down a winding, wooded slope that was "too difficult for her" without a helmet. They argued that Dartmouth was responsible for their daughter's well-being because she was enrolled in a College class.
In response, Dartmouth said that the College was not responsible for the accident based on an equipment rental and liability release form Porter signed, and asked Judge Paul Barbadoro to relieve the College of any liability. Barbadaro denied that request and said that the form did not specifically name Dartmouth or notify a Skiway user that he or she is relieving the College of liability.
The College requested in April 2007 that the case be dismissed, arguing that the claim was filed after the statute of limitations had passed and that the injuries resulted from risks inherent in the sport of skiing. Dartmouth also claimed that the instructors exercised a reasonable standard of care in determining that Porter was prepared to ski down that particular slope.That motion was denied in October 2007.
At the time of the accident, adult skiers were not required to wear helmets. The College subsequently implemented a rule requiring protective helmets for all students enrolled in ski and snowboarding classes, largely in response to concerns raised by Porter's parents.
This is a breaking news web update. More information will be added as it becomes available.
