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Appeals court affirms decision in Vail Resorts $2 million bowling injury case

The now-closed Jupiter Bowl in 2015. The building in Kimball Junction is now occupied by the coworking space Kiln.
Jupiter Bowl
Jupiter Bowl closed in 2019. The building in Kimball Junction is now occupied by the coworking space Kiln.

The Utah Court of Appeals has denied Vail Resorts’ request for a new trial in the bowling alley injury lawsuit involving a Park City Mountain employee.

In 2022 a 3rd District Court jury awarded a former employee of Jupiter Bowl over $2 million for medical expenses and damages relating to an incident at a work party at the now-closed bowling alley in Kimball Junction.

Amy Herzog was retrieving a stuck bowling ball from a gutter, when Park City Mountain employee Joe Ellis threw a ball while doing a 360-degree spin in the lane next to where Herzog was working.

The ball flew over the divider between the lanes, and slammed into Herzog’s left hand, crushing it. The injury required three surgeries, and her lawyers say she will never regain full use of it.

The jury found that both Ellis and Vail were at fault, siding with Herzog’s attorneys who argued the event was company-approved and paid for with Park City Mountain credit card.

The $2 million award was more than double what Herzog’s lawyers requested from the jury.

Vail later appealed the case, challenging several rulings from the district court, including the denial of the company’s request for a new trial over what it called excessive damages.

In an opinion issued Friday, the appeals court said the district court correctly decided there was “sufficient basis” for the jury’s award and ordered the district court to reinstate the original $2 million judgement.

It wasn’t immediately clear Monday whether Vail Resorts would appeal the case to the Utah Supreme Court.

KPCW has reached out to the company for comment.

A link to the full Utah Court of Appeals opinion can be found here.

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