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Bittersweet victory for Snow Summit and Team Big Bear

1000-Oaks

Monkey
May 8, 2003
778
0
Simi Valley, CA
Monday March 27, 2006
News
Bittersweet victory for Snow Summit and Team Big Bear

By KATHY PORTIE
A $25 million lawsuit filed in 2004 by a downhill mountain bike racer against Snow Summit, Team Big Bear and USA Cycling has been dismissed in San Bernardino Superior Court.

Judge Frank Gafkowski entered a judgment for the defendants and against racer Brian Spillane March 15. Spillane suffered a permanent back injury during a fall in a 2004 race.

“We knew two or three months ago that we had received a favorable ruling,” said Dick Kun, president Big Bear Mountain Resorts. “Now it looks like both Team Big Bear and USA Cycling have received the same judgment.”

Snow Summit received the earlier ruling after it was determined the resort was not involved in running the event in which Spillane was injured. “We had nothing to do with the race,” said Chris Riddle, Snow Summit marketing director. “It was just held at the resort.”

Spillane can file an appeal, but Kun is cautiously optimistic the case is over. “It's very unlikely they'll overturn this ruling.”

Tom Spiegel, owner of Team Big Bear, finds the ruling a bittersweet vindication. “I'm satisfied with the judgment but don't particularly care for the process,” Spiegel said in a telephone interview with The Grizzly March 21. Spiegel was on the road to Arizona to stage the first race of the season, the NORBA National Marathon March 24-26. “(The racer) signed a release, but you have to prepare yourself to defend yourself in court.”

According to Spiegel, even though the court ruled in his favor, damage has been done to the sport. Downhill racing was removed from Team Big Bear's local race schedule last summer. Big Bear lost its involvement in the NORBA national series. “From the beginning I've said I'd not be in this business if I thought I was negligent,” Spiegel said. “When accidents happen, it's a tragedy, but I have never felt we were negligent.”

The 2006 local schedule shows more changes in the race season. The long-time relationship between Team Big Bear and Snow Summit is over as races will be staged from a different venue. There are three cross country events, including the Big Bear Shoot Out series and the Fall Classic. The Amateur Cup series, which included four race dates and was the oldest amateur series in the state, is history. And the Super D event, a combined downhill and cross country race invented in Big Bear, won't be in Big Bear this year.

Contact reporter Kathy Portie at (909) 866-3456, ext. 135, or by e-mail at kportie@bigbeargrizzly.net.
 

-BB-

I broke all the rules, but somehow still became mo
Sep 6, 2001
4,254
28
Livin it up in the O.C.
OK... So this guy goes and sues them, gets the mountain closed down, and then has nothing to show for it.
The only people here that "won" were the lawyers.

As much as I bitched about SS, I'd love to be able to go back again this year.
Heck, I'd even get a season pass.
 

1000-Oaks

Monkey
May 8, 2003
778
0
Simi Valley, CA
2006/07 SCREAMIN' DEAL SEASON PASSES VALID NOW THRU THE END OF THIS SEASON AND FOR ALL OF THE 06/07 WINTER SEASON

Your Screamin' Deal Season Pass can pay for itself before the end of this season and you will still have the entire 06/07 winter season at Big Bear Mountain Resorts to ski and ride for FREE! Dual Mountain Pass holders will also receive complimentary use of the Snow Summit Scenic Sky Chair for the 2006 summer season.

I wonder if bikes will be allowed again this year? Sounds like the lift is business as usual.
 

merrrrjig

Turbo Monkey
Dec 24, 2003
1,726
0
Mammoth Lakes, Ca
nope, u cant bring your bike on the lifts with the season pass. (*Not valid for mountain biking during the summer season) thats right from the site.
 

SK6

Turbo Monkey
Jul 10, 2001
7,586
0
Shut up and ride...
Judge: Frank Gafkowski Presiding
Clerk: Rosemary Ramirez
Reporter: Kathy Sellers
Court Attendant Robert J Acuna
-
Appearances:
Attorney Deborah Dorny Present For Defendants-team Big Bear Mountain/usa Cycling, Inc.
Attorney Reid L Dworkin Present For Defendant-snow Summit Inc/snow Summit Ski Corp..
-
Proceedings:
Pursuant To Peremptory Writ Of Mandate Issued By The District Court Of Appeals On 02/27/06, The
Orders Of 07/13/05 Denying The Motions For Summary Judgment By Defendants Are Hereby
Vacated. Said Motions For Summary Judgment Are Granted And Judgments For Defendants, Snow
Summit, Inc,dba Bear Mountain Resorts And Summit Ski Corporation, Usa Cycling, Inc. And Team Big
Bear Mountain Bike, Inc. Is Ordered Entered. Judgments Are Signed By The Court On This Date.
Summary Judgment Entered.
Judgment For Defendant Team Big Bear Mountain Bikes, Inc., Team Big Bear Mountain Bikes, Inc., Usa Cycling, Inc.,, Usa Cycling Inc.,, Big Bear Resorts, Inc.,, Snow Summit Inc,, Snow Summit Ski Corporation,, Big Bear Mountain Resorts
And Against Brian Spillane
Stage At Disposition: Summary Judgment
Court Now Rules -- Stat Case For 2c Report. Case Dispositioned On 03/15/06.
Case Dispositioned By Judgment
Action - Complete
 

SK6

Turbo Monkey
Jul 10, 2001
7,586
0
Shut up and ride...
I'll be damned if i can get any information on this case as of yet. i spoke to the reporter to get some more of the info about the case, but it has not hit Lexis yet.

I'll shoot for Westlaw and see what I find there. This was a motion for summary judgment that was granted the defendant.
 

Bobby Peru

Monkey
Jul 16, 2004
151
0
Big Tuna, TX
merrrrjig said:
we should get everyone to bombard him with comments thanking him for destorying a place we loved forever
I personally think you should count your lucky stars that you are not in his shoes. I don't know the guy, I don't give one sh*t about him, I am just saying obviously he is a miserable and bitter person and I am so blessed to have the opportunities that I do have.

I miss SS as much as the next person, I do however realize that I do get to go to Bootleg Canyon & North Star a few times this year. That guy can never ride a bike again.

Yes, it's his fault, the lawsuit was BS, just remember when you go to bed tonight that tomorrow morning, you can get up out of bed. That guy will never do that the rest of his life.

You never know what you have till it's gone...sure SS is no mas. There are alternatives if you create 'em!
 

IntenseR3

Chimp
May 26, 2005
20
0
Balboa Island
I couldn't agree with Bobby Peru more. I was pissed about SS closing and the lawsuit too, but we are talking about someone that may never walk again. It could have been any one of us out there that day.

Just be happy you can ride at all and live life to the fullest!
 

Ciaran

Fear my banana
Apr 5, 2004
9,839
15
So Cal
merrrrjig said:
we should get everyone to bombard him with comments thanking him for destorying a place we loved forever
Don't be an ass! You don't know why he sued. Could be greed. Of course it could be the insurance companies forcing his hand. On the other hand, have you ever worked with disabled people? Do you know what life is like for a quad or a para? Do you know how hard this kids life is going to be?

Don't be too quick to vilifiy someone you don't know, especially when you can't walk a mile in his shoes. (or wheels, as the case may be)

I hope SS opens to DH again. I would also buy a season pass. (Hell, I'd buy a DH bike again!)
 

blt2ride

Turbo Monkey
May 25, 2005
2,333
0
Chatsworth
1000-Oaks said:
2006/07 SCREAMIN' DEAL SEASON PASSES VALID NOW THRU THE END OF THIS SEASON AND FOR ALL OF THE 06/07 WINTER SEASON

Your Screamin' Deal Season Pass can pay for itself before the end of this season and you will still have the entire 06/07 winter season at Big Bear Mountain Resorts to ski and ride for FREE! Dual Mountain Pass holders will also receive complimentary use of the Snow Summit Scenic Sky Chair for the 2006 summer season.

I wonder if bikes will be allowed again this year? Sounds like the lift is business as usual.
Snow Summit did allow bikes on their lifts last season, just not DH bikes. With all of the rumors going around, we kind of got our hopes high that DH riding/racing would return to Snow Summit--it sounds like it just not going to happen...
 

Ciaran

Fear my banana
Apr 5, 2004
9,839
15
So Cal
blt2ride said:
Snow Summit did allow bikes on their lifts last season, just not DH bikes. With all of the rumors going around, we kind of got our hopes high that DH riding/racing would return to Snow Summit--it sounds like it just not going to happen...
I think at this point in time our best bet is still Baldy. They are getting more serious about the bike park. I have been extremely busy with life obligations but ncrider has been doing a ton of work on the Baldy project. I'll wait for him to post an update when he's ready since his info is way more current than mine.
 

blt2ride

Turbo Monkey
May 25, 2005
2,333
0
Chatsworth
Ciaran said:
I think at this point in time our best bet is still Baldy. They are getting more serious about the bike park. I have been extremely busy but ncrider has been doing a ton of work. I'll wait for him to post an update when he's ready since his info is way more current than mine.
I agree. Even if Snow Summit opened up again for DH, I still planned to help out with the Baldy project. Hopefully these spring storms will taper off so we can get out there and start things...
 

Ciaran

Fear my banana
Apr 5, 2004
9,839
15
So Cal
mtnbrider said:
I really want to go dig up there. Is there anything in the calendar yet as far as ride dates (can't go april 2) or dig days?
There's still a bunch of snow up there.

We'll see if we can get Conrad to post an update. He has more up to date info than I do.

And who knows, maybe SS will open in a year or two.
 

roberts

Monkey
Apr 24, 2005
100
0
An injury like Brian's is my worst nightmare. However, that does not mean you blame others for your mistake and try to make them pay.

The guy RUINED DH in So. Cal. People can try to be positive re. Bootleg, N*, etc., but closing SS absolutely sucks.

Lawsuit abuse is out of control in this country. All we need to do is make LOSER PAY. I guarantee this guy would not have went to court if he had to pay the 100s of thousands to defendants' attorneys. He had a slim to none chance of winning, but why not? It cost him nothing, and it cost his attorney time. It cost defendants hundreds of thousands.

Further, luckily courts have held up the "assumption of risk" doctrine, which has allowed skate parks, jumps at resorts, etc. In the 70s to early 90s, courts were giving these plaintiffs $ and if anyone remembers, skate parks were ripped down, you lost your ski-pass for doing any sort of jump, etc.

Life is full of risks. If you do not want to be injured, watch t.v.
 

Bobby Peru

Monkey
Jul 16, 2004
151
0
Big Tuna, TX
roberts said:
The guy RUINED DH in So. Cal. People can try to be positive re. Bootleg, N*, etc., but closing SS absolutely sucks.
The fact is that what's done is done. You or NOBODY else can change the situation whatsoever. OK, sure you can be bitter, pissed off scream and yell and carry on. I guess I will be "positive" and figure what else I can do besides being an idiot and staying mad about something I can't change.

Might as well accept the situation for what it is and move on. Just be happy that you do get to ride somewhere else.

My father in law has a house in BB, I got to go ride there anytime I wanted. I took it for granted and went up there now n then thinking it would always be there. Well, it's not. So now I go elsewhere and you criticize me for being "positive?"

Damn, who's the bitter one really?
 

smedford

Monkey
Jan 31, 2004
400
0
Bellingham, WA
I can't believe all you guys would defend some choad that sued and got your mountain closed. I am so glad I live only 3 hours from non sue happy Canada, so I can ride Whistler without fear of it closing because someone hurts themselves.

Maybe things are different in Cali, I think 1/2 of you are either a lawyer or friends with one. Up here, it is not cool to sue. We all crash, we all break bones, one of us could be next, but we accept it as our fault if it does happen.
 

1000-Oaks

Monkey
May 8, 2003
778
0
Simi Valley, CA
It's been confirmed that SS will continue to take XC/trail bikes on the chairlift this summer (still no riding at the ski area), same fork/weight/tire size limitations as last year.