Contributing Author: John J. Perlstein
Academy Award winner Gwyneth Paltrow will be starring in a real-life court drama this Tuesday. On March 21, 2023, the seven-year pending trial over a ski incident will take place at the Third District Court in Park City, Utah.
In 2016, the actress was skiing down Deer Valley Resort’s slopes when she allegedly collided with retired optometrist Terry Sanderson. According to Mr. Sanderson, the impact resulted in a brain injury, concussion, and multiple broken bones.
Nearly three years after the accident, Mr. Sanderson filed a $3.1 million hit-and-run lawsuit against Ms. Paltrow and her ski instructor, Eric Christiansen, who was later dropped from the claims. According to Mr. Sanderson, his delay in filing was due to attorney issues, as well as issues functioning due to the sustained concussion.
The lawsuit seeks compensation for Mr. Sanderson’s “permanent traumatic brain injury, 4 broken ribs, pain, suffering, loss of enjoyment of life, emotional distress, and disfigurement.” His claims also accused Ms. Paltrow of having “accepted no responsibility” for her role in the incident. The initial hit-and-run claims accused Ms. Paltrow of “ignoring, denying assistance to, and skiing away from Plaintiff,” when he was in need of help.
In response, Ms. Paltrow filed a countersuit claiming Mr. Sanderson was the one who caused the collision, hitting her from behind. She also claimed that the Plaintiff had stated he was okay following the crash. She feels the allegations are an attempt to “exploit her celebrity and wealth.”
In 2022, Judge Kent Holmberg disputed the hit-and-run claim, which reduced the outstanding charges down to negligence. The jury will now hear the evidence and decide who was negligent, if anyone. While Mr. Sanderson is seeking millions in alleged damages, Ms. Paltrow is seeking “symbolic damages in the amount of $1, plus her costs and attorney’s fees to defend this meritless claim.” The remaining funds will be donated to various charities, a common practice among high-net-worth individuals who have no need for the funds.
While the week-long trial is still ahead, it seems Ms. Paltrow may have the grounds to prevail in the claims against her. Skiing brings the assumption of the risk doctrine into play meaning all of those who participate in such recreational activities recognize the inherit risk associated therewith, meaning Mr. Sanderson understood there was potential for injury to himself or others when he decided to engage in the activity.
Legal Entertainment has reached out to representation for comment, and will update this story as necessary.
John J. Perlstein is a personal injury and wrongful death lawyer in Los Angeles, Orange County, and the surrounding areas. He has been practicing law for over 25 years, litigating countless injury claims, including those involving complex car accidents, motorcycle accidents, trips and falls, catastrophic injuries, premises liability, and wrongful death.
Source: https://www.forbes.com/sites/legalentertainment/2023/03/20/gwyneth-paltrow-going-down-a-slippery-slope-in-a-ski-accident-lawsuit/