NEWARK, N.J. – A federal judge has denied a bid by Mountain Creek Resort to throw out a negligence lawsuit brought by a skier who says faulty fencing caused his crash and left him seriously injured.
U.S. District Judge Brian R. Martinotti issued the ruling after reviewing competing arguments over the February 2021 accident that sent plaintiff Pierino Perciballi to the hospital for four days and left him with lasting physical impairments. Perciballi and his wife, Brigida, filed suit against Mountain Creek Resort Inc. and its affiliated companies, alleging negligent maintenance, inspection, and design of the ski area.
The case centers on Perciballi’s collision with a blue mesh safety fence dividing the “Matchmaker” intermediate trail from the resort’s beginner learning area. According to the lawsuit, the fence had fallen or sagged before Perciballi’s run, creating a hazardous obstacle that caused him to trip, tangle, and fall violently. The plaintiffs contend that Mountain Creek failed to inspect or maintain the barrier and used fencing colors that were less visible than industry safety standards recommend.
Mountain Creek argued that the fencing complied with the New Jersey Ski Statute, which provides immunity to ski area operators for certain inherent risks of the sport. The resort maintained that its use of blue fencing met North American industry guidelines and that the accident resulted from the assumed risks of skiing.
Judge Martinotti, however, ruled that key factual disputes remain — including whether the fencing was properly maintained and whether its placement or color created an unreasonable hazard — issues that must be decided by a jury. He also limited the testimony of the plaintiffs’ safety expert but allowed parts of his report to stand as admissible evidence.
The decision keeps alive both Perciballi’s personal injury claim and his wife’s derivative loss of consortium claim, setting the stage for a potential trial over ski slope safety at one of New Jersey’s busiest resorts.
Key points:
• Federal judge denied Mountain Creek’s motion for summary judgment in ski injury case.
• Plaintiff claims unsafe fencing caused a crash that left him seriously injured.
• Disputed facts over maintenance and visibility of fencing will go before a jury.
