by Mike Donoghue, Vermont News First 

Republished from March 28 Vermont Standard 

A federal judge has agreed to hold a hearing on a claim by a New York skier that he had accepted a multi-million dollar out-of-court settlement minutes before a jury last month rejected all the legal claims he made about an accident that left him paralyzed at Okemo Mountain.

It is one of the latest legal steps in the ongoing potential precedent-setting lawsuit. Judge Christina Reiss has scheduled a two-hour hearing on May 30 to allow arguments by lawyers on behalf of novice skier Richard Grajeda of Long Island and the defendants, Okemo Mountain of Ludlow and its parent company Vail Resorts of Bloomfield, Col.. 

Grajeda, then 21, was heading down a beginner’s trail at Okemo about 10 a.m. on Thursday, Dec. 19, 2019 when he fell. He slid into the padded pole for the snowmaking gun located in the middle of the trail and became a paraplegic, court papers note. Grajeda admitted during his testimony that he had smoked cannabis shortly before hitting the mountain that morning. 

He filed a civil lawsuit seeking $50 million in October 2020, but by the time closing arguments were made to the jury in mid-February, lead lawyer Andrew J. Smiley of New York City asked for $97 million, including $88 million in pain and suffering. 

Smiley said his client also wanted the jury to award $664,918 in past medical bills for his client’s life-altering injuries. Smiley also asked for $7,904,805 in future economic losses. 

After the jury deliberated for about seven hours, Smiley said his client was willing to take the last settlement offer just before the jury said it was ready to deliver the verdict about 9:20 p.m. Friday Feb. 16. However, a defense lawyer said the insurance carrier directed that the verdict be received. 

The plaintiff lost, but his lawyers are now seeking a second bite at the apple by getting a judge to enforce an undisclosed private settlement offer that the defense maintains was off the table before the verdict was announced. After the verdict, Smiley filed a “Motion to Enforce the Settlement,” which included his own seven-page declaration. The defense has asked the court to reject Smiley’s motion.