billcoe Posted June 19, 2005 Share Posted June 19, 2005 Jury acquits snowboard maker in Mt. Bachelor death 12:06 AM PDT on Monday, May 30, 2005 Associated Press In what is believed to be the first liability verdict in the nation involving a snowboard manufacturer, a Multnomah County jury ruled a Swiss company was not to blame for the 2002 death of a young woman on Mount Bachelor. file photo Mt. Bachelor. Frank and Ellen Svitek of Ambler, Pa., sued Nidecker of Rolle, Switzerland, after their daughter, Kate Svitek, 22, was trapped in a well of deep snow surrounding a tree and died on Feb. 8, 2002, at the central Oregon ski resort. The trial centered on the snowboard's bindings. Unlike ski bindings, which automatically release in a fall to prevent injury, snowboard bindings do not release. The Sviteks' attorney, Joseph Chaiken of Philadelphia, argued that nonreleasable bindings increase the risk of death if a snowboarder falls into a well of deep snow that typically forms around a tree trunk. Unable to kick off the board, a rider can become trapped in the snow and suffocate. But the attorney for Nidecker, Brad Stanford of Portland, argued nonreleasable bindings are safer overall because they allow the snowboard to act as an anchor when a rider falls. Releasable bindings can also cause injuries if only one foot releases from the board, Stanford said. The Multnomah County Circuit Court jury agreed with Stanford and Nidecker on Friday, although the verdict was not unanimous. Three jurors lingered in a hallway outside the courtroom to tell Svitek's parents that the snowboard industry should pay more attention to product safety. Stanford, however, said the manufacturer felt that the verdict "reaffirms that these nonreleasable bindings are safe." "Given the industrywide implications of a negative verdict," Stanford said, "we are very happy." Chaiken told The Oregonian after the Friday verdict that challenging the standards of a big sports industry was always "a tough case." He said Svitek's parents knew they were breaking ground with their lawsuit. A search of legal databases by the Portland newspaper showed that a product-liability case against a manufacturer of snowboard bindings had never gone to a jury in the United States. The young woman's parents said they still believe their daughter could have kicked off the board and escaped if manufacturers offered releasable bindings. Despite the odds against victory in court, the Sviteks sued Nidecker for $15 million. "This may sound corny," Ellen Svitek said, "but I didn't want Kate to die in vain." Thats the whole story from here: http://www.kgw.com/business/stories/kgw_052905_biz__snowboard_verdict.2c3da5b28.html Quote Link to comment Share on other sites More sharing options...
spicoli11 Posted June 19, 2005 Share Posted June 19, 2005 "die in vain"..........????........... Quote Link to comment Share on other sites More sharing options...
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