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James T. Lutz, of Cincinnati, filed the complaint in Denver District Court on Thursday, March 1, seeking damages from Nathan Johnson, of Ector, Texas, for negligence. Lutz's wife, Julia Lutz, also filed a claim for "loss of consortium," which refers to a loss of companionship resulting from the injuries. The complaint claims Johnson crashed into Lutz from behind while the two were skiing on the Frenchman run at Keystone. Johnson is accused of negligence for colliding with Lutz "from uphill, behind and at a high rate of speed." “Skiers do not sign up to get knocked down from behind by other skiers.”John H. PhillipsAttorney for Filer Lutz's attorney, John H. Phillips, of the Cincinnati-based Phillips Law Firm, said Johnson was "not a very good skier" and careless when he essentially "rear-ended" his client. Citing Colorado law, the complaint alleges that Johnson was solely responsible for the incident. "Johnson," the complaint said, "had sole responsibility to know the range of his own ability, the duty to maintain control of his speed and course at all times, to maintain a proper lookout so as to be able to avoid other skiers, to avoid collision with persons skiing below him, to heed all posted information and other warnings and to refrain from acting in a manner which may cause or contribute to cause the injury of others." Phillips pushes back against any notion that collisions of the sort that caused his client's injuries are an inherent risk of skiing. "I understand the argument that accidents are an inherent risk on the mountain, but this incident is not part of that risk," Phillips said.
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