Page 2: Civil case against MMSA continues
The civil case involving Kathleen Willhide-Michiulis, Mammoth Mountain Ski Area and Kassbohrer All Terrain Vehicles Inc. was in court again on Thursday June 12.
On March 25, 2011, Willhide-Michiulis became entangled in the tiller of a snowcat produced by KATV and being operated at the time by Clifford Mann at Mammoth Mountain Ski Area. Willhide-Michiulis and her husband are suing MMSA and KATV for lifetime medical care of Willhide-Michiulis who lost one leg, severely injured the other, and suffered a brain injury in the accident.
The issue at court on Thursday involved KATV’s alleged failure to warn operators and bystanders of the dangers of a snowcat, as well as, a possible design defect of the snowcat because of the lack of an automatic shutoff of the tiller, the operator’s lack of visibility, and lack of a turn signal.
Attorney Daniel Lee Hoffman for the Willhide-Michiulis argued that he had the right to argue both failure to warn and design defect as the case moves forward, hoping to win the lawsuit based on one or both arguments. Hoffman said that KATV could have provided warnings to a bystander, such as Willhide-Michiulis, by putting signage on the snowcat warning of the running tiller and the large blind spots for the driver. He also argued that appropriate warnings should have been given to MMSA.
KATV Attorney Terry Wood argued that “Anybody that skis or snowboards knows it not good to run into a snowcat.” He also said that KATV had no reason to explicitly warn MMSA about the dangers of running a snowcat while the Ski Area is open because “they’ve been using them for years.” He asked Judge Eller throw out the argument of failure to warn. Eller told the courtroom he would make a decision in two to three weeks.
And from recent Mammoth Lakes Academy graduate Patty Hensley regarding the film “DamNation,” which will screen Friday, June 20 at Edison Theatre in Mammoth at 6:15 p.m. Admission is free.
In an effort to enable our community to learn more about dams, Mammoth Lakes Academy and Mammoth Library Community Reads have partnered to bring the documentary film “DamNation” to Mammoth Lakes. My personal interest in water issues has stemmed from classroom discussions and seminars during 4 years at Mammoth Lakes Academy. Most recently, we focused on the human impact on the environment, a seminar that included reading Marc Reisner’s “Cadillac Desert”. My interest piqued, I then searched for more information on the topic and discovered a documentary film that seemed to dovetail well with my recent studies at school, my own interests, and with our current drought–related awareness of water issues in the Eastern Sierra. “DamNation” explores America and documents the increasing importance of rivers in our conversations of environmental health. “DamNation” also explores society’s transformation from wanting complete control over our rivers, to the realization that we are part of the intricate river system over which we should perhaps relinquish some control.
This Patagonia-produced film is supported in whole or in part by the Institute of Museum and Library Services, Library Services Technology Act, administered in California by the State Librarian. This is an incredible opportunity to learn more about dams and the importance of river health. I encourage everyone to attend.
