HomeMy WebLinkAbout02-12-25 Correspondence - Eighteenth Judicial District Judges - 27th Anniversary Law Day Celebration MONTANA EIGHTEENTH JUDICIAL DISTRICT
GALLATIN COUNTY
Hon. Peter B. Ohman Hon. Rienne H. McElyea Hon. John C. Brown Hon. Andrew J. Brenner
Department 1 Department 2 Department 3 Department 4
OUT OF MANY,
LAW DAY 2025
27t' Anniversary Law Day Celebration
Thursday March 6, 2025 10:00 a.m. to Noon
MSU Strand Union Building, Ballroom A
On Thursday March 6, 2025 the Montana Supreme Court will once again hear oral argument in
Ballroom A of the MSU Strand Union Building as part of our Law Day celebration.
A faculty designee of the Alexander Blewett III School of Law at the University of Montana will
provide an introduction of the case at 10:00 AM with oral argument concluded by 11:45 AM.
The Supreme Court has designated Case No. DA 24-0356 MARK MULLEE v. WINTER
SPORTS, INC., d/b/a WHITEFISH MOUNTAIN RESORT, DOES 1-5, for oral argument.
The case involves Mark Mullee went skiing at Whitefish Mountain Resort in January 2019. After taking a chair lift,
Mullee realized he had forgotten his phone and water in his car. Mullee skied downhill to retrieve his belongings.
His route took him on a trail designed for inexperienced skiers. The trail included a tunnel that went under a road.
After the tunnel, the trail curved to the right. To the left was a steep drop-off. The Resort typically had a snow
fence installed at that location.
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As Mullee emerged from the tunnel, his ski caught an edge and he veered left. He fell over the drop-off and
suffered significant injuries. Mullee alleged the fence was not in place and he maintained it would have prevented
his fall if it had been. The Resort claimed the fence was up but Mullee went through it because he was skiing too
fast. The Resort also asserted that the fence was not designed to stop out-of-control skiers.
After Mullee sued for negligence, the District Court ruled in favor of the Resort. It concluded that, under the
Montana Skier Responsibility Act, Mullee bore responsibility for his injuries as they were sustained as the result of
the inherent risks and dangers of skiing. It determined that Mullee failed to prove the Resort had a duty to
maintain the fencing. It also excluded Mullee's expert witnesses and denied Mullee's motion for summary
judgment on the amount of damages. The court also denied Mullee's motion to exclude the testimony of the
Resort's expert witness.
On appeal, Mullee argues that the District Court should have concluded that the Resort had a duty to maintain the
fencing because the Resort knew the drop-off posed a heightened danger on a beginner-level trail. He also
argues that the court erred in excluding his experts and consequently denying him summary judgment on the
amount of damages. Mullee also argues that the court should have excluded the testimony of the Resort's expert
witness because the Resort provided inadequate disclosure and did not make the witness available for
deposition.
Case information can be found at: https://courts.mt.gov/Courts/Supreme/Oral Arguments/
Following the oral argument, the Gallatin County Bar Association will host the 27th Annual Law
Day luncheon and social networking event at MSU's Inspiration Hall (2nd Floor of Norm
Asbjornson Hall) with the Justices of the Supreme Court.
Please RSVP for yourself and your guests at littps://www.zeffv.com/ticketing/2025-law-daX
zeff .com
The price of the lunch is $25.00 per person, plus a small registration fee. We kindly ask that
lunch be paid in advance to help better serve everyone.
On behalf of the Eighteenth Judicial District Judges, we hope you will join us.
Sincerely,
Rienne H. McElyea
District Court Judge
2025 Law Day Chair