Gwyneth Paltrow, the famous actress, was involved in a ski accident lawsuit. She was sued by Terry Sanderson, a retired optometrist, for injuries he claims he sustained when the two collided while skiing at Deer Valley Resort in Park City, Utah in 2016.
The Lawsuit
Sanderson initially filed the lawsuit seeking $3.1 million in damages, but the judge determined he was only eligible for up to $300,000 if he won his case. After being sued, Paltrow defended the claim and countersued for $1 against Sanderson, claiming Sanderson was at fault for the incident. She also sought her legal fees.
Background of the Case
Paltrow was on this ski trip with her children and then-boyfriend, now her husband, and his children. During the trial, Paltrow claimed to be an intermediate skier and implied she was on an easy mountain when the incident with Sanderson occurred. The actress testified that two skis came between her skis, forcing her legs apart, and that then there was body pressing against her and there was a very strange grunting noise. She testified that she first thought the accident was a practical joke or something perverted.
Evidence and Testimonies
Paltrow’s attorney pointed out that Sanderson apparently wrote on Facebook after the accident that he was now famous. He didn’t apparently post anything indicating he was hurt. As an injury lawyer, I must say, if you are injured in an accident, stay off social media while your claim is pending. Avoid making any social media posts during that time.
Proving Negligence
In order to win the case, Sanderson had to prove that the Oscar-winning actress was negligent, meaning she was careless while skiing to cause the collision and that her negligence caused his injuries. This is just like a car accident injury case where the injured victim, in order to prevail, must prove the other driver was negligent or at fault for the car accident.
The Trial
Paltrow’s case went to a civil jury trial beginning the week of March 23, 2023. The actress took the stand and denied she caused the accident. She admitted, however, that she didn’t know of any witnesses that witnessed the accident. She claimed Sanderson skied into her back and caused the accident. She further testified that she did not know Sanderson was injured and thought the accident was relatively minor. The attorneys for both parties claimed their clients acted prudently while skiing that day.
Testimonies and Witnesses
Craig Roman, who was with Sanderson on the slopes that day, testified that Paltrow slammed into Sanderson’s back very hard. Roman is what we call a biased witness since he knows Sanderson. An independent witness, a witness that doesn’t know either party involved in the lawsuit, typically has more credibility with a jury.
Determining Fault
Probably the biggest crucial factor in the case is which skier was uphill when the accident occurred. When it comes to skiing, it’s usually the duty of the uphill skier to be aware of the downhill skier. To put it another way, the downhill skier, the one who is further down the mountain, has the right of way over the uphill skier. Uphill skiers have to watch out for downhill skiers. If an uphill skier collides with a downhill skier, it is likely the case the uphill skier is liable for any injury sustained by the downhill skier. Paltrow claimed that Sanderson skied into her back, suggesting Sanderson was the uphill skier when the accident occurred. However, Sanderson claimed he was the downhill skier.
Jury’s Decision
So who was the downhill skier? Well, the jury ultimately concluded that Sanderson was 100% at fault in the ski crash after deliberating for over two and a half hours. Paltrow was awarded $1 in damages. Payment of the legal fees was to be decided at a later date, apparently. At this time, I am unaware of any appeal filed by Sanderson.
Homeowner’s Insurance Coverage
Before we conclude, though, I did want to make one point. Did you know many homeowners’ insurance policies include general liability coverage that follows the homeowner around even when they have left their home? Thus, many homeowners’ insurance policies would provide insurance coverage to a homeowner in the event they are sued for causing injury to someone while skiing. Your homeowner’s insurance may also cover the defense of your homeowner’s insurance if you have a homeowner in a lawsuit, if you’re sued when your dog bites someone away from your home, or you run over someone with a grocery shopping cart.
Conclusion
Now, Sanderson obviously did not have a big injury case as he lost at trial and was not awarded a penny. If you want to know what circumstances must be present for someone to have a big injury case, though, watch this video about to pop up here. And if you have been injured in an accident in Kentucky, remember: don’t wait, call Tate.
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