4/5/13 - A summer trial date has been scheduled for the lawsuit filed against Mt. Brighton and one of its employees for an accident more than five years ago that injured a Canadian boy. The suit, filed in U.S. District Court in Detroit by the family of Austin Miles, alleges that Robert Sturgis, who was driving a snow groomer at the time of the January 30th, 2008 incident, was negligent and reckless in his operation of the machine when he ran into the then 12-year-old boy and dragged him while his leg was snagged. It had originally been set for trial last December, but was adjourned after a motion filed by Mt. Brighton sought sanctions against the plaintiffs for sending lawyers to the resort who were taking pictures for use as evidence without first contacting the resort or its attorneys. They also alleged the lawyers misrepresented their purpose in being on the premises when they were confronted by a staff member. Judge Denise Hood last month ruled that while the pictures taken that day cannot be used at trial, she denied the defendants motion to dismiss the case. A pre-trial hearing was then set for June 10th, with a July 9th trial date placed on the docket. Miles was on a school field trip and had just skied down a beginner slope when the snow groomer ran over him. The lawsuit claims Sturgis continued for another 200 feet despite several bystanders yelling at him to stop. It also claims the grooming machine had a cracked mirror and inadequate visibility through the windows. In addition, it alleges Mt. Brighton failed to post required notices warning skiers of snow grooming operations. (JK)
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