Defenses to Negligence, Pg. 106, 4.7
In the case of Peterson v. Donahue, Neal Peterson sued David Donahue for negligence after a ski collision that occurred while both parties were on the ski slopes. Eleven year old Peterson was coming down the slopes very fast when he collided with forty three year old, advanced skier, Donahue who was skating across the slope toward the parking lot. Donahue saw Peterson seconds before the impact which knocked him out of his skis ten to twelve feet down the slope and knocked Peterson unconscious. Peterson sought recovery for the accident by filing a suit in the Minnesota State Court against Donahue alleging negligence.
Because both parties were aware that falls, collisions, accidents and injuries