Our client was a 15 year old skier who was part of the Ontario Provincial Ski team and considered one of the most promising racers in his age group worldwide. One day, while training with the Ontario Alpine Ski Team in Colorado, our client’s coaches set a ski course on a trail that came close to a patch of trees on the right side of the hill. There was no protective netting separating the trees from the course. While skiing at a speed of approximately 60 to 70 km/ hour during a practice run, our client fell and slid across the trail. Seeing no netting to soften his fall, he dug his skis into the snow to try to avoid hitting the trees. Doing this launched him into the air and off the trail, ultimately causing him to smash head first into a tree.
The accident caused our client to sustain a number of injuries to almost every major body part, the most devastating being a skull fracture and severe traumatic brain injury. Since the accident, he has worked extremely hard at rehabilitation and has made some physical improvement. Unfortunately, he still has- and will continue to have- permanent injuries that require medical attention for the rest of his life. He will continue having cognitive difficulties, struggling in particular with language comprehension, motor coordination, memory, and balance. Perhaps most devastatingly, he will never be able to return to the sport he once loved.
By arguing that the practice course was improperly set up and that netting should have been used as a protective safeguard, John McLeish and his team were able to achieve a $4M settlement for their client and his family. This money will help him afford ongoing lifetime rehabilitation and treatment, and optimize his long road to recovery.