UT - Gwyneth Paltrow sued over ski collision at Deer Valley Resort in 2016 - trial, March 2023 *GP Not Guilty*

[turaj]

If someone crash-landed on Paltrow when she was skiing, I think she would have some injuries - perhaps broken ribs. The way Paltrow explains it, the plaintiff skied into her and hit her in the back. She did not testify that she fell on her face - which is what should happens when someone is hit from behind. According to Paltrow, she was hit from behind, she landed on him and rolled off him. She swore at him, told her son's instructor to provide her personal information and skied down the hill to join her children.

She claims to be an intermediate skier, yet she testified that her skis were so far apart that his skies fit between her skis. Beginner skiers do the snow plough, allowing a second person to fit skis between. Intermediate skiers keep their skis together.

as I understand at some point after his "impact" to her from behind they continued down and eventually went down with GP landing on top of him...that could account for his injuries and here lack of injuries other than some soreness. Would also be expected that she will come out better on top based on position and age and general condition.

 

[otto]

I disagree, in her testimony, she did not ask or direct the employee to do the information exchange, he told her he would do it and told her to go on and join her children. This is not a hit-and-run. MOO

It doesn't matter what someone said to Paltrow at the time of the crash. Law requires that the people involved in the crash exchange information. Paltrow stated during testimony that it is her practice at work to delegate tasks, and that is why she left it with the ski instructor to do what she was legally required to do.

 

[mickey2942]

This trial is quite polarizing, people are on one side or the other. Wouldn't be surprised by a mistrial here.

I can better understand private ski areas like the "Yellowstone Club", because imagine people who were low enough to ram famous people for quick cash settlements or 15 minutes of fame.

I won't link the "Yellowstone Club", you can easily look it up. My ex has worked there.

 

[Weki]

The point is that the plaintiff knew who had hit him. So whether she did it or the ski instructor did it on her behalf, the plaintiff had the info. The instructor offered to do it for her. She’s a celeb and her life is diff from ours and she has people to handle the tedious/annoying tasks of life or to deal with us peasants. It has been stated multiple times that this was NOT a hit and run. So that argument imo is about her being a celeb and not about her being negligible.

It’s going to come down to who do you believe. He will testify tmr so we’ll see how he does. Ofc his lawyers have already laid the groundwork that any change in demeanor between direct and cross is to be attributed to his TBI. He can’t handle criticism. Oh poor thing (gag!). That’s just oh so convenient for him!

 

[Cool Cats]

Even if her kid said “look at me” and she was looking in his direction, it doesn’t mean she is completely unaware peripherally. Also she would know if someone was ahead of her and how close they were to her before turning to look at her son. So if the plaintiff was ahead of her and she turned to look at her son, we have to assume that she just has no spatial awareness and is just an idiot to have just crashed into someone who would’ve been just a few feet away. And we would have to assume she had her head turned and just kept skiing.The only way she could’ve crashed is if he somehow came in front of her while she turned to look.

That’s why plaintiff wanted to argue to the jury that she’s clumsy and bumps into things all the time. The judge shut that down!

That's alot of:

"we have to assume"

Which is the Plantiff's problem, no proven facts, just alot of assumptions. Can't win on assumptions. Even if she ran into him he can't prove his case, it is a "he said" "she said."

You mention how the plantiff tried to bring in the clumsy "bump into things." It was from watching her say she was clumsy in an interview. I bet TS was obsessively watching her on talk shows and saw her say that and told his attorney to use it.

I mention this because I think this shows how desperate the plantiff is. There just is no proof either way. If I was on the jury I couldn't find someone liable on a "he said" "she said."

 

[Laughing]

Paltrow stated during testimony that she asked a ski hill employee (private ski lessons instructor) to provide her personal details to the plaintiff. She explained that, in her work, she delegates tasks, so she assumed that she could delegate that task. Law requires that she provide the information regardless of what she does at work.

By law, when there is a ski hill crash, those involved in the crash must exchange personal information. Paltrow did not do that. She could not confirm that her personal information was provided because she left the crash scene before the information was exchanged.

One of the lawyers testified (in a question) that one of the private ski instructors would confirm that her son called out to Paltrow at the time of the crash. I suppose we'll hear more this week.

Hhhmm, GP flew in from another state to ski, and hired this instructor from this ski area.

I understand that ignorance of the law is no excuse -- but it seems that if there is fault in this part of the event, that fault is only attributed to the local ski area employee.

Perhaps remaining within the ski area's boundaries is not leaving the scene.

jmho ymmv lrr

 

[otto]

as I understand at some point after his "impact" to her from behind they continued down and eventually went down with GP landing on top of him...that could account for his injuries and here lack of injuries other than some soreness. Would also be expected that she will come out better on top based on position and age and general condition.

There was a whoosh of air from behind before the large man hit her in the back. He is 5'5", she is 5'9". She froze (typically means that she stopped moving). Seconds later she was very upset (probably when she started shouting and swearing). She immediately wondered whether it was a sexual assault because her legs were forced apart and he was groaning and grunting.

She froze, but they kept skiing and crashed down together. So she wasn't frozen? Their bodies were spooning, her knees were splayed open.

This does not sound like a ski crash.

 

[Cool Cats]

The point is that the plaintiff knew who had hit him. So whether she did it or the ski instructor did it on her behalf, the plaintiff had the info. The instructor offered to do it for her. She’s a celeb and her life is diff from ours and she has people to handle the tedious/annoying tasks of life or to deal with us peasants. It has been stated multiple times that this was NOT a hit and run. So that argument imo is about her being a celeb and not about her being negligible.

It’s going to come down to who do you believe. He will testify tmr so we’ll see how he does. Ofc his lawyers have already laid the groundwork that any change in demeanor between direct and cross is to be attributed to his TBI. He can’t handle criticism. Oh poor thing (gag!). That’s just oh so convenient for him!

Not true that he can't handle criticism.

He handled criticism just fine when he decided to come into court and listen to the person he is suing call him a "liar" - saying he was totally at fault. No problem listening to her crushing his story to pieces.

 

[dmac55]

It’s hard to imagine all the ways a traumatic brain injury, even if mild, can affect so many facets of life, unless you or someone close to you has had one
They do not all present the same

It’s possible to be a cranky and difficult elderly person, AND… have personality and other changes from a brain injury

My view/thoughts at this time
Just my experience with a family member @
The Barrow Center for Transitional Neuro-Rehabilitation in Phoenix, AZ

 

[SeesSeas]

She claims to be an intermediate skier, yet she testified that her skis were so far apart that his skies fit between her skis. Beginner skiers do the snow plough, allowing a second person to fit skis between. Intermediate skiers keep their skis together.

^^snip by me
The opposing thoughts/views about this trial are fascinating.
I can exactly imagine the collision scenario that Paltrow describes.
I'm an intermediate skier, but thoroughly enjoy the ease of beginner bunny slopes. I took ski lessons mid-70's in Killington, VT.
I mostly ski a combo of parallel and snowplough. I didn't know there was a name for this, but did some research and found Stem Turns.

How to Stem Turn - Online Ski Lessons - Mechanics of Skiing

www.mechanicsofsport.com

Stem Turns​

Stem turns are a halfway point between snowplough turns and parallel turns. In Stem turns the skis are parallel as we come across the slope, but the snowplough is still used as we turn through the fall line.

 

[otto]

It’s hard to imagine all the ways a traumatic brain injury, even if mild, can affect so many facets of life, unless you or someone close to you has had one
They do not all present the same

It’s possible to be a cranky and difficult elderly person, AND… have personality and other changes from a brain injury

My view/thoughts at this time
Just my experience with a family member @
The Barrow Center for Transitional Neuro-Rehabilitation in Phoenix, AZ

I agree. Every brain injury is unique to some extent. Since it is an invisible injury, it's very easy for others to dismiss the symptoms. What the plaintiff has said is that the ski crash changed his life such that he experienced symptoms that can be associated with gradual aging, but he experienced those changes suddenly.

 

[otto]

^^snip by me
The opposing thoughts/views about this trial are fascinating.
I can exactly imagine the collision scenario that Paltrow describes.
I'm an intermediate skier, but thoroughly enjoy the ease of beginner bunny slopes. I took ski lessons mid-70's in Killington, VT.
I mostly ski a combo of parallel and snowplough. I didn't know there was a name for this, but did some research and found Stem Turns.

How to Stem Turn - Online Ski Lessons - Mechanics of Skiing

www.mechanicsofsport.com

Stem Turns​

Stem turns are a halfway point between snowplough turns and parallel turns. In Stem turns the skis are parallel as we come across the slope, but the snowplough is still used as we turn through the fall line.

View attachment 411283

I agree that beginner skiers learn how to turn using the snow plough method. Intermediate skiers keep their skis parallel during turns. Either Paltrow is an intermediate skier who can take turns with skis parallel, or she's a beginner doing the snow plough who might crash into someone on the bunny hill.

3 Ways to Turn when Skiing - wikiHow

Once you learn the basics of how to ski, you can move onto learning how to turn. If you are a beginner, start off with the snowplough turn by angling your skis in a "V" shape. For an intermediate option, learn the parallel turn by keeping...

www.wikihow.com

 

[SeesSeas]

I agree that beginner skiers learn how to turn using the snow plough method. Intermediate skiers keep their skis parallel during turns. Either Paltrow is an intermediate skier who can take turns with skis parallel, or she's a beginner doing the snow plough who might crash into someone on the bunny hill.

3 Ways to Turn when Skiing - wikiHow

Once you learn the basics of how to ski, you can move onto learning how to turn. If you are a beginner, start off with the snowplough turn by angling your skis in a "V" shape. For an intermediate option, learn the parallel turn by keeping...

www.wikihow.com

Stem turns (combo of parallel and snowplough) by intermediate skiers are ideal for bunny slopes, IMO.
From MechanicsOfSport link, and also my experience:
"parallel turns are generally used at higher speeds"

How to Ski Parallel - Online Ski Lessons - Mechanics of Skiing

www.mechanicsofsport.com

As parallel turns are generally used at higher speeds than the stem turn, the forces that the skis produce while turning are also greater.

 

[otto]

Stem turns (combo of parallel and snowplough) by intermediate skiers are ideal for bunny slopes, IMO.
From MechanicsOfSport link, and also my experience:
"parallel turns are generally used at higher speeds"

How to Ski Parallel - Online Ski Lessons - Mechanics of Skiing

www.mechanicsofsport.com

As parallel turns are generally used at higher speeds than the stem turn, the forces that the skis produce while turning are also greater.

We have two intermediate skiers, the plaintiff might be expert (haven't heard) who are capable of speed on a ski hill, yet Paltrow claims that his skis fit between hers and she froze. The 69 year old man groaned, grunted and spooned her with her knees splayed. They fell over and she rolled off him while she swore loudly.

Although there should be some speed involved with skiing, Paltrow did not fall forward when she was allegedly hit from behind by what she describes as a "large man." She froze.

His version seems to be that she screamed, she hit him from behind, he fell forward and broke 4 ribs as well as bumped his head. Then she, at 5'9", rolled off the 5'5" not-large man.

I'm getting the impression that Paltrow's first story was that the man recognized her on the ski slope, he ran into her to sexually assault her, and then he sued her only because she is a celebrity.

 

[turaj]

Hhhmm, GP flew in from another state to ski, and hired this instructor from this ski area.

I understand that ignorance of the law is no excuse -- but it seems that if there is fault in this part of the event, that fault is only attributed to the local ski area employee.

Perhaps remaining within the ski area's boundaries is not leaving the scene.

jmho ymmv lrr

i don't think the question of leaving the scene etc. is even on the table so no point in discussing it.

 

[turaj]

There was a whoosh of air from behind before the large man hit her in the back. He is 5'5", she is 5'9". She froze (typically means that she stopped moving). Seconds later she was very upset (probably when she started shouting and swearing). She immediately wondered whether it was a sexual assault because her legs were forced apart and he was groaning and grunting.

She froze, but they kept skiing and crashed down together. So she wasn't frozen? Their bodies were spooning, her knees were splayed open.

This does not sound like a ski crash.

he looks like a "grunter" and "groaner".

 

[turaj]

Someone above mentioned thinking it will be a "mistrial" ....I disagree first because the plantiff has the burden of proof and so far with their case almost over they have not done a very good job. A jury of 8 and it is not required to be unanimous . Not sure how many votes are required for verdict.

 

[Weki]

I also think it’s much easier to look at GP and think she’s to blame and should pay. Strictly due to her celeb role. But I don’t factor that in bc being a celeb doesn’t make you more accountable than the avg person. Imagine yourself in her shoes and being told you were negligent and should pay. Even if you believe his version - that she came from behind and crashed into him. Fine! I don’t believe this makes her negligent and liable for millions or even $300k. It’s an inherently risky sport and it was an accident. Period! <modsnip: not victim friendly>

I think the response to this plaintiff demonstrates that many ppl are sick of this highly litigious society.

<modsnip: not victim friendly>

 

[Cool Cats]

Someone above mentioned thinking it will be a "mistrial" ....I disagree first because the plantiff has the burden of proof and so far with their case almost over they have not done a very good job. A jury of 8 and it is not required to be unanimous . Not sure how many votes are required for verdict.

Utah - Jury Sizes & Case Types

www.juryduty101.com

A jury for the Utah District civil court contains 4 or 8 jurors. For a conviction to be made, at least three members of the jury must be in agreement on the verdict.

 

[ilovewings]

Utah - Jury Sizes & Case Types

www.juryduty101.com

A jury for the Utah District civil court contains 4 or 8 jurors. For a conviction to be made, at least three members of the jury must be in agreement on the verdict.

Thanks for the info-- surprised it does not have to be unanimous