Slander award made
In the Spring of 1972 issue of Ski Area Management there was a fairly detailed summary of suit and countersuit between Alex Cushing and Hans Burkhart, former mountain manager for Cushing at Squaw Valley, Calif. The dispute arose when Burkhart resigned his position claiming that repairs that were needed on the Emigrant Chairlift, which had collapsed on February 5, 1970 injuring eight persons, were never made. “I wanted it done right,” he said, “or I said I would have nothing to do with it. The Emigrant lift collapsed because it was designed all wrong.”
Cushing called the charges “nonsense” and said he intended to bring charges against Burkhart for slander and conversion of equipment and funds. The latter charge centred on property that Burkhart had allegedly purchased through the Squaw Valley books.
The jury awarded $10,000 to Burkhart when it found Squaw Valley and Cushing guilty of slander, and also found for Burkhart in the countersuit involving conversion of funds, though the jury did determine that Burkhart had purchased a certain property through the books of Squaw Valley, and that the value of the property, $2,700, was to be deducted from an additional settlement of $7,700 awarded Burkhart for back salary.
The reporting of these facts was regrettably cut from the Fall issue of SAM where it had been scheduled. In the interest of fairness a letter from Mr. Burkhart’s attorney is excerpted below:
The Editors-
Gentlemen:
In September of 1972, Squaw Valley Development Company gave up its right to appeal, and paid the amounts of money which were called for in the judgment, and this matter finally terminated. We are concerned that your magazine has not carried any report of this verdict. In cases of slander, and especially in light of the wide coverage this matter was given by your publication previously, the reputation of an innocent person can be permanently damaged unless equal coverage is given of the result which has been obtained in such a legal action. Mr. Burkhart is very active in the ski lift industry and the construction of tramways, ski lifts and other related equipment in the United States. At the time that your magazine published the statements related by Mr. Cushing in respect to the honesty and capabilities of Mr. Burkhart, you were, I am sure, in good faith simply repeating comments which were made by a member of this industry. The jury in this case, by awarding a large amount of damages for slander, and back salary owed by Squaw Valley, have spoken out just as loudly and more convincingly as to the true factual situation. Isn’t it only equitable to ask that your magazine, and journalists in general, set this matter right in light of the wide coverage given to the matter in the beginning?
Paul R. Minasian
Oroville, Calif.
