Bloch Ongert Argues Ski Area Waivers Case to Colorado Supreme Court

On April 16, 2026, Bloch Ongert attorneys Trent Ongert and Joseph Bloch presented oral arguments before the Colorado Supreme Court in the case Litterer v. Vail Summit Resorts, Inc. Bloch Ongert’s client, John Litterer, was snowboarding at Breckenridge on December 18, 2020, when he was struck and seriously injured by a Breckenridge snowmobile driving uphill and against skier traffic on an open ski run. Bloch Ongert had filed a lawsuit on behalf of Mr. Litterer against Vail Resorts and its snowmobile driver in Summit County District Court. However, both the District Court and the Court of Appeals dismissed the case due to the liability waivers on the ski pass that Mr. Litterer purchased before the injury, and the waiver on the ski pass he purchased after the lawsuit was filed.

 Bloch Ongert appealed to the Colorado Supreme Court, which accepted the case. The oral arguments on April 16^th occurred at the Holyoke High School in Holyoke, Colorado as part of the Supreme Court’s “Courts in the Community” program, which brings judicial proceedings to communities across the state.

 During oral arguments, Trent Ongert argued that, pursuant to Colorado law, including the recent Supreme Court decision in Miller v. Crested Butte, Mr. Litterer’s claims for willful and wanton gross negligence and statutory violation of the Colorado Snowmobile Safety Act can never be waived. These important issues have far-reaching implications for the millions of skiers and snowboarders who come to Colorado and purchases ski passes every year. A ruling from the Supreme Court is currently pending.

This case has garnered media attention across Colorado. Articles about the Supreme Court oral arguments can be found at the links below.

Denver Post: https://www.denverpost.com/2026/04/29/vail-resorts-lawsuit-colorado-supreme-court/

Colorado Sun: https://coloradosun.com/2026/04/27/ski-pass-waivers/

Vail Daily: https://www.vaildaily.com/news/vail-resorts-lawsuit-colorado-supreme-court-snowboarder-snowmobile/

Denver Gazette: https://www.denvergazette.com/2026/04/17/colorado-justices-skeptical-of-snowboarders-bid-to-revive-injury-lawsuit-after-signing-new-waiver/