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Lady allegedly hurt at tube park

Patrick Parkinson, Of the Record staff

A New Yorker allegedly injured at Gorgoza Park has sued the tubing facility, Park City Mountain Resort and the ski resort’s parent company, Powdr Corporation, for negligence.

Clara Ninivaggi claims she wasn’t warned about the dangers of watching her grandchildren ride snow-tubes at Gorgoza Jan. 17, 2005.

"When [Ninivaggi] stood in the spectator area, a third party participating in snow tubing activities passed over the snow berm at the end of the snow tubing run and into the spectator area, ultimately colliding with [Ninivaggi]," an 8-page complaint filed Oct. 20 on behalf of Clara and Angelo Ninivaggi states.

Park City Mountain Resort operates the tubing facility, which, according to the lawsuit, was negligent for not warning spectators they could be struck by people tubing.

"[Park City Mountain Resort] had knowledge that tubing participants regularly traveled into the spectator area," the lawsuit claims. "[The resort] should reasonably have known that participants could travel into the spectator area and cause injuries to others."

But no signs were posted to warn Ninivaggi, the plaintiff claims.

Resort personnel were reckless in their failure to design the tubing slope so participants could stop in time, the lawsuit states.

According to the complaint, which seeks more than $75,000 in damages, employees at the tubing park didn’t properly warn spectators of potential hazards.

"The defendants acted with malice and callous disregard for the rights and safety of [Ninivaggi] and other riders and/or spectators and focused exclusively on rushing snow tubers up and down the slope to maximize the number of paying customers," the complaint claims.

A Park City Mountain Resort spokeswoman declined to comment.


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