GOSS V. ALLEN
360 A.2d 388 (1976)
NATURE OF THE CASE: Allen (D), skier, sought review of a decision which reversed the
trial court's judgment in favor of D in Goss' (P) personal injury action for injuries
sustained in a skiing accident.
FACTS: P was an experienced skier, who served as a first aid advisor on the ski patrol at
the Mad River Glen ski resort in Vermont. D, then 17 years of age, was a beginning skier who
had limited cross-country skiing experience but had never attempted a downhill run. Nor had
he ever been to Mad River Glen before. Upon arrival, D was sent to the beginners' slope. D
completed the comparatively short run of 30 feet or so until he came to the abrupt left
turn. D lost control over his momentum and direction. He saw the two girls ahead of him but
because of the short distance remaining, his efforts to regain control and his lack of
experience, he did not call out until he was almost upon the girls. P attempted to get out
of the way but was unable to do so and was struck and knocked down by D. P sued D. The trial
court charged the jury that the standard of care applicable in the case was not the same
degree of care required of an adult, but rather that degree of care which a reasonably
prudent person of 17 years of age would have exercised under the same or similar
circumstances. The jury found that D was not negligent. The Appellate Division, sua sponte,
raised the issue of plain error in the court's charge on the applicable standard of care. It
reversed and remanded for a new trial finding plain error in the charge. The Appellate
Division held that skiing was an adult activity and that where a child engages in an
activity which is normally undertaken by adults, such as skiing, he should be held to the
standard of adult skill, knowledge and competence, without allowance for his immaturity.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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