John Litterer Vail Resorts Lawsuit Tests 2022 Epic Pass Waiver
John Litterer’s john litterer vail resorts lawsuit was argued before the Colorado Supreme Court in April 2025 over whether a November 2022 Epic Pass waiver blocked his negligence claims from a December 2020 snowmobile collision at Breckenridge. The justices focused on language Litterer signed after he had already filed suit.
The six-page agreement said he agreed to “release and give up any and all claims and rights that (he) may have … including … anything which has happened up to now.” Vail Resorts relied on that language after the Summit County District Court dismissed Litterer’s claims and the Colorado Court of Appeals upheld the dismissal in January 2025.
April 16 at Holyoke High School
The Colorado Supreme Court heard oral argument on April 16 at Holyoke High School. Chief Justice Monica M. Márquez called the release language “broad” and “is pretty plain language,” then asked, “How would that not put Mr. Litterer on notice? He certainly was aware of his own lawsuit” and “That he is giving that up when he signs this.”
Trent Ongert, who represented Litterer, argued that the waiver “clearly had no intention to waive the lawsuit” and that the agreement should not be read that way “with this broad of language.” His argument pushed the justices to weigh the wording against the fact that Litterer’s case was already pending when he bought the pass.
Vail Resorts and the waiver
The dispute turns on whether a later Epic Pass purchase can reach back and erase claims from an earlier injury case. Litterer was struck by an employee-driven snowmobile at the Breckenridge ski area in December 2020, then signed the online purchase agreement in November 2022, roughly two years after the crash.
Gabriel asked whether the issue was the specific wording or whether Litterer failed to read the full agreement, using the phrase “which horse you are riding here.” Boatright took the discussion further, asking whether it was the court’s role to craft policy and saying, “we are not a policy-making branch of government” and “Why do we dip our toes into that?”
Colorado Supreme Court review
The court accepted the case last fall after the Court of Appeals ruled against Litterer in January 2025. The prior Summit County ruling and the appellate decision left his lawsuit dismissed before the high court took it up.
The practical question for skiers and snowboarders is narrow: whether a resort can use a later scroll-and-click pass agreement to bar claims that already existed. Ongert said the earlier Colorado Supreme Court ruling in the Annie Miller case had “expanded an injured guest’s ability to bring claims against a ski area,” which is why this waiver language is drawing close review now.
The justices’ reading of the contract will decide whether Litterer’s suit stays dismissed or goes back into the trial court. For riders who buy an Epic Pass after an injury, the case tests how far a release can reach when the accident happened first and the waiver came later.
