Who was uphill? Gwyneth Paltrow trial spotlights skier code

Mar 27, 2023, 10:03 PM | Updated: Mar 28, 2023, 5:26 pm

Gwyneth Paltrow enters the courtroom for her trial, Monday, March 27, 2023, in Park City, Utah. The...

Gwyneth Paltrow enters the courtroom for her trial, Monday, March 27, 2023, in Park City, Utah. The man suing Gwyneth Paltrow over a 2016 skiing collision at one of the most upscale resorts in North America took the stand Monday, saying he was rammed into from behind and sent “absolutely flying.” (AP Photo/Rick Bowmer, Pool)

(AP Photo/Rick Bowmer, Pool)

PARK CITY, Utah (AP) — Skiers have likely noticed signs at mountain resorts across the country saying, “Know the code.” They refer to universal rules of conduct that apply to people who partake in inherently risky snow sports that involve navigating down crowded slopes, often at high speeds.

But whether they actually understand the code is another question. For those unfamiliar with skiing and snowboarding, it’s likely something they’ve never heard of.

That’s all changing as actor Gwyneth Paltrow’s highly publicized ski collision trial is live-streamed from the courtroom. The actor-turned-lifestyle-influencer was accused of crashing into a fellow skier during a 2016 family trip to the upscale, skiers-only Deer Valley Resort in Utah. The celebrity trial is on day six and expected to conclude Thursday.

For a week, the trial has shone a spotlight on the unspoken rules that govern behavior on the slopes. Testimony has repeatedly touched on skier’s etiquette — especially sharing contact information after a collision, and ski turn radiuses — in the most high-profile ski collision trial in recent history.

There are about a hundred code-related lawsuits playing out now outside the spotlight. Most cases are settled before going to trial.

Throughout Paltrow’s trial, the word “uphill” has emerged as synonymous with “guilty,” as attorneys have focused on one of the code’s main tenets: The skier who is downhill or ahead on a slope has the right of way.

Rather than focus solely on the question of who hit who, attorneys have questioned nearly every witness — from Paltrow’s private ski instructors to doctors for the man suing Paltrow — about which skier was downhill at the time of the collision.

After initially suing Paltrow for $3.1 million, retired optometrist Terry Sanderson is now suing for at least $300,000 in damages. Paltrow has countersued for $1 and attorney fees, claiming Sanderson ran into her.

In court, attorneys on both sides have repeated the term “downhill” to try to persuade the jury that their client had the right of way.

The question has become a focal point of the trial, as both sides call legions of family members, friends and Sundance Film Festival.

Paltrow’s position on the slope was central to the questioning of her teenage children — 16-year-old Moses and 18-year-old Apple Martin.

In depositions read by attorneys in court on Tuesday, the children both testified that they didn’t see the moment of the crash. Before it happened Moses Martin said he saw a man uphill from his mother.”

“I was following my instructor but didn’t know what was going on,” Moses Martin, who was nine at the time, said.

His instructor testified that he didn’t witness the moment of the crash either but approached Paltrow and Sanderson afterward.

Apple Martin, then 11, remembered that her mother was in a “state of shock” after the collision and that she used an expletive to say that a man hit her on the run.

To support Paltrow’s version of events, specifically that she was downhill when the crash happened, her defense team commissioned artists to render advanced animations.

Because no video footage was included as evidence, the recollections of a ski buddy of Sanderson’s who claims to be the sole eyewitness has become a sticking point for Paltrow’s team. In addition to sharing animations, Paltrow’s team undercut the man’s testimony by calling on experts arguing that Paltrow was downhill.

Over objections from Sanderson’s attorneys, the court has allowed Paltrow’s team to play three of the seven high-resolution animations on a projector positioned between witnesses and the jury box — showing the pruning on Deer Valley’s aspen trees, childrens’ ski coats and groomed snow on the beginner run where Sanderson and Paltrow crashed.

Irving Scher, a biomechanical engineer hired by Paltrow’s defense team, drew stick figures and line graphs on a white board, as well as jotted down equations calculating force and torque to argue that science supported Paltrow’s account.

“Ms. Paltrow’s version of events is consistent with the laws of physics,” Scher testified Tuesday.

In an equally theatrical display last week, Sanderson’s lawyers tried but failed to rope Paltrow into a reenactment of events, when the judge put the kibosh on it.

While there are minor differences in state laws when it comes down to finding fault, “in court it becomes a question of who was the uphill skier,” said Denver attorney Jim Chalat, who has litigated cases in Utah and Colorado.

“It’s the uphill skier who is almost always in a position to cause the crash,” Chalat said. “If you’re skiing too fast for your own ability and you can’t carve out a turn, and you hit someone, you’re going to be in trouble.”

Still, crashes between skiers are rare. Most incidents resulting in injuries or death occur when skiers or snowboarders slam into stationary objects, usually trees. Collisions involving people represent only about 5% of skier injuries, Chalat said.

Experts at the Paltrow trial have argued that the National Ski Areas Association’s more than 60-year-old code is ubiquitous, with similar etiquette in Canada, Australia and parts of Europe.

The responsibility code was recently updated to urge skiers involved in a collision to share contact information with each other and a ski area employee. Last week, Paltrow was grilled by Sanderson’s attorneys for leaving the collision without first exchanging information with Sanderson. She said she knew one of the family’s ski instructors handled that for her.

Very few cases target the ski resorts where crashes occurred because of the inherent dangers that come with skiing and snowboarding, Los Angeles attorney John Morgan of the firm Morgan & Morgan said.

The mountain where the Paltrow-Sanderson collision happened, Deer Valley, was removed from the lawsuit in part because skiers absolve resorts of responsibility by agreeing to a set of rules on the back of every lift ticket.

“It’s like going to a baseball game and you get hit in the head by a foul ball. You know by sitting there that there’s some risk of that happening,” he said.


Weber reported from Los Angeles. AP writer Anna Furman in Los Angeles contributed.

United States News

FILE - Attorneys and criminal justice advocates stand outside Louisiana's Supreme Court on May 10, ...

Associated Press

Historic acquittal in Louisiana fuels fight to review ‘Jim Crow’ verdicts

NEW ORLEANS (AP) — Evangelisto Ramos walked out of a New Orleans courthouse and away from a life sentence accompanying a 10-2 jury conviction, thanks in large part to the landmark U.S. Supreme Court decision bearing his name. Ramos v. Louisiana outlawed nonunanimous jury convictions as unconstitutional, with justices on the 6-3 majority acknowledging the […]

1 day ago

Associated Press

Pay per wave: Native Hawaiians divided over artificial surf lagoon in the birthplace of surfing

EWA BEACH, Hawaii (AP) — Brian Keaulana is the quintessential Native Hawaiian waterman, well-known in Hawaii and beyond for his deep understanding of the ocean, gifted with surfing and lifeguarding skills passed down from his big-wave rider father. Now, as one of the islands’ standard-bearers of surfing, Keaulana wants to further boost the sport in […]

1 day ago

FILE — A man checks his footing as he wades through the Morris Canal Outlet in Jersey City, N.J.,...

Associated Press

As rising oceans threaten NYC, study documents another risk: The city is sinking

NEW YORK (AP) — If rising oceans aren’t worry enough, add this to the risks New York City faces: The metropolis is slowly sinking under the weight of its skyscrapers, homes, asphalt and humanity itself. New research estimates the city’s landmass is sinking at an average rate of 1 to 2 millimeters per year, something […]

1 day ago

This undated photo shows the late Army Cpl. Luther H. Story. The Army said Friday, May 19, 2023, th...

Associated Press

‘He’s home’: Missing 73 years, Medal of Honor recipient’s remains return to Georgia

SAVANNAH, Ga. (AP) — Soldiers of the 9th Infantry Regiment made a desperate retreat as North Korean troops closed in around them. A wounded, 18-year-old Army Pfc. Luther Herschel Story feared his injuries would slow down his company, so he stayed behind to cover their withdrawal. Story’s actions in the Korean War on Sept. 1, […]

1 day ago

A skeleton in sunglasses sits beside a sign reading "Just waiting for the insurance check," outside...

Associated Press

Struggles continue for thousands in Florida 8 months after Hurricane Ian as new storm season looms

FORT MYERS BEACH, Fla. (AP) — Eight months ago, chef Michael Cellura had a restaurant job and had just moved into a fancy new camper home on Fort Myers Beach. Now, after Hurricane Ian swept all that away, he lives in his older Infiniti sedan with a 15-year-old long-haired chihuahua named Ginger. Like hundreds of […]

1 day ago

FILE - Republican presidential candidate South Carolina Sen. Tim Scott speaks during a campaign eve...

Associated Press

Trump’s welcome of Scott into 2024 race shows his calculus: The more GOP rivals, the better for him

NEW YORK (AP) — When Republican Sen. Tim Scott of South Carolina launched his former President Donald Trump welcomed his new competitor with open arms. There were no accusations of disloyalty or nasty nicknames from the GOP front-runner like the barrage he unleashed when Florida Gov. Ron DeSantis, considered his leading rival, bungled Twitter announcement. […]

1 day ago

Sponsored Articles


OCD & Anxiety Treatment Center

How to identify the symptoms of 3 common anxiety disorders

Living with an anxiety disorder can be debilitating and cause significant stress for those who suffer from the condition.

(Photo: OCD & Anxiety Treatment Center)...

OCD & Anxiety Treatment Center

Here’s what you need to know about OCD and where to find help

It's fair to say that most people know what obsessive-compulsive spectrum disorders generally are, but there's a lot more information than meets the eye about a mental health diagnosis that affects about one in every 100 adults in the United States.

(Photo by Michael Matthey/picture alliance via Getty Images)...

Cox Communications

Valley Boys & Girls Club uses esports to help kids make healthy choices

KTAR’s Community Spotlight focuses on the Boys & Girls Club of the Valley and the work to incorporate esports into children's lives.

Who was uphill? Gwyneth Paltrow trial spotlights skier code