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Ski buddy not liable for man's death

A BC Supreme Court judge has dismissed a civil lawsuit launched by a Colorado woman against her late-husband's British "ski buddy."

Mark Kennedy fell into a tree well and died Jan. 11, 2009 while skiing on a mountain near Blue River, about 580 kilometres northeast of Vancouver.

Elizabeth Ann Kennedy argued her husband's partner or "ski buddy," Adrian Coe, owed him a duty of care and breached an express or implied contract between the two the day of the tragedy.

But Justice Barbara Fisher says there was no duty of care because Kennedy was, in part, voluntarily engaged in a high-risk sport and knew the risks.

She also says there was no contract between the two men, noting Kennedy relied on Coe to do little more than ski with him through the forest.

Fisher called Kennedy's death tragic and untimely but has also awarded court costs to Coe.


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