Litterer v. Vail Summit Resorts Inc.

2026 CO 65. No. 25SC134. Waiver and Release—Recreational Activity—Post-Injury Release Agreement.

September 21, 2026

In this case, the supreme court considered whether Litterer released claims against a ski resort and its employee when, after commencing litigation, he purchased a ski pass from the resort and executed a waiver containing a release of liability covering both defendants. The court further considered whether Litterer’s claim for willful and wanton conduct and prayer for exemplary damages were properly dismissed.

The court first concluded that the executed waiver operated as an enforceable release agreement. Consequently, the waiver barred Litterer’s claims against the defendants. The court next concluded that Litterer’s willful and wanton conduct claim was properly dismissed because it is not a separate, cognizable claim upon which relief may be granted, but that in any event, his claim was released by the waiver. Further, because there is no independent claim for relief to which the prayer for exemplary damages could attach, Litterer’s prayer was also properly dismissed.

Finally, the court distinguished this case from Miller v. Crested Butte, LLC, 2024 CO 30, 549 P.3d 228. Miller governs the validity of exculpatory agreements executed prior to an injury, while this case concerns a post-injury release.

Accordingly, the court affirmed the dismissal of Litterer’s claims.