June 1, 1992
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No. 91-2318
ALBERT M. CHURILLA, JR., ETC., ET AL.,
Plaintiffs, Appellants,
v.
WACHUSETT MOUNTAIN ASSOCIATES, INC., ET AL.,
Defendants, Appellees.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Douglas P. Woodlock, U.S. District Judge]
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Before
Selya, Circuit Judge,
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Campbell, Senior Circuit Judge,
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and Pettine,* Senior District Judge.
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*Of the District of Rhode Island, sitting by designation.
Per Curiam.
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M.
Churilla, Jr.
Churilla
then
and
Frances A.
and personal
representatives of
Churilla,
the
Teresa
her estate.
Teresa,
operators of
parents of
ski facility
Joseph O'Brien);
(Wachusett
the designer
Mountain
of the
ski
trail on
which
the accident
occurred
(R.H.
court granted
White's motion
for a
evidence, the
directed verdict.
error
the
and
hewn:
When directed verdicts have been granted, we
must examine the evidence and the inferences
reasonably extractable therefrom in the light
most hospitable to the nonmovant.
To affirm
withdrawal of any claim from the jury, we
is well
1088 (1st
Cir. 1989).
In
this case,
we
have had
the benefit
of excellent
transcript with
care, perused
the various
exhibits, and
to the jury.
Based on our
no special
expertise in
the field.
Sno, on
the other
the world."
existing
The
plan for
trails
evidence
also showed
at Wachusett
that Sno
trails and
Mountain;
for
devised the
____________________
all
construction.
"flagged"
and
the clearing
and
set
Sno's
"center-lined" the
employee,
trails to be
boundaries
characteristics.
of the
In
Ford
Hubbard,
cut; oversaw
ski trails;
nutshell,
the
and determined
evidence
their
demonstrated
Massachusetts
law,
an
all-purpose
building
consultants
employed
on th[e]
project."
United
______
(Mass. 1961)
(N.Y. 1924)).
Measured
negligence on
condition existed
White could not
White's
part.
on Trail No. 7 at
if a
dangerous
Even
it.
The
plaintiffs did
area construction
They
offered
White.
deviated
prove that
Sno's instructions.
They
did not adduce any evidence that the average contractor, standing
in
with
Sno's
directions
conclude
that
knowhow to quarrel
Trail
No. 7
was
inherent
reasonable persons
in
downhill
skiing.
On
this
record,
of the record, it
would serve no
burden
of
proving negligence,
point[] must
evidence
"the
at 1088.
U.S. 242,
See also
___ ____
to which
tendrils."
the[y]
Fashion
_______
issue for
trial
party
is no
Volvo Car Corp., 946 F.2d 967, 970-71 (1st Cir. 1991) (similar).
________________
Hence, the
conclusion
consider
sanctions.
our
appellee's
not ended.
motion
for
that the
We
plaintiffs'
must go further
imposition
of
appellate
U.S.C.
1927,
or
any other
source of
sanctions.
the factually
plaintiffs or
Here, given
Rule 50(a)
in attempting to
Thus,