Appeals court upholds $10.2 million award to injured snowmobiler

HELENA, Mont. (AP) A federal appeals court panel has upheld a lower court's decision ordering the U.S. Forest Service and a snowmobiler to pay more than 10 million dollars to a Michigan man who suffered severe brain injuries when he was struck by a snowmobile near West Yellowstone in 1996.

The panel's ruling stems from a 2004 decision by U.S. District Judge Donald Molloy of Missoula. Molloy ruled that the Forest Service must pay 40 percent of the award for the crash, which left Brian Musselman of Hope, Michigan, with permanent disabilities.

Molloy said the Forest Service failed to fix dangerous conditions along the groomed trail where the crash occurred, or warn snowmobilers of the hazard.

He also assigned 50 percent of the liability to Jamie Leinberger of Bay City, Michigan, one of two snowmobilers Musselman's family originally sued.

The Forest Service appealed Molloy's ruling. But a three-judge panel of the 9th U.S. Circuit Court of Appeals sided with Molloy, in an opinion issued today.

By AP writer Katie Oyan (Copyright 2008 by The Associated Press. All Rights Reserved.) APNP 01-30-08 1951CST | save this article / add to your favorites list