State high court passes on appeal in U.P snowboarder's injury

MARQUETTE (AP) — The Michigan Supreme Court has rejected an appeal from an Upper Peninsula ski area in a lawsuit over a severe head injury suffered by a snowboarder.

The decision last week wasn’t unanimous. Chief Justice Stephen Markman wanted to take the case.

Trevor Rhoda suffered a brain injury when he fell after his snowboard caught a gap on a rail in 2010.

Marquette Mountain knew that the rail’s separate sections were incompletely welded together. It erected two red poles to discourage users, but safety rules suggest it should have done more.

The Michigan Court of Appeals last year said Marquette Mountain can’t escape all liability.

If the lawsuit goes to trial, jurors could also consider whether the snowboarder bears some responsibility for his injuries.