Hardin v. Ski Venture, Inc.

Hardin (plaintiff) sued Ski Venture, Inc. (defendant), a ski resort, in federal diversity court after being hurt when the resort's snow machine sprayed dangerously wet snow uphill into skiers' path. The resort denied negligence and raised assumption of risk under West Virginia's Skiing Responsibility Act. At trial the judge gave the jury general instructions on negligence, duties of care, the Act, and assumption of risk, without tailoring them specifically to Hardin's individual theories. The jury found the resort not negligent. Hardin appealed, arguing the instructions were erroneous because they were not specific to his claims, favored the resort, and included extraneous material.