Yes, you are correct Skip.  I forgot that he actually worked at Vail on contract for the photo company.  However, it's "a distinction without a difference" as they sometimes say in my field
 

J. LEIGH DABOLL
Barrister & Solicitor
1999 Hansler Street  RR1 
Ridgeville ON   L0S 1M0
Phone: 905-892-0569  Fax: 905-892-2986
email: [log in to unmask]
web:  www.jldabolllaw.com

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From: Vermont Skiing Discussion and Snow Reports [mailto:[log in to unmask]] On Behalf Of Skip King
Sent: Tuesday, June 26, 2012 11:37 AM
To: [log in to unmask]
Subject: Re: [SKIVT-L] K-mart lawsuit

On 6/26/2012 10:26 AM, Leigh Daboll wrote:
 
Ski resorts have to litigate these types of lawsuits somewhat like municpalities do.  The latter don't generally ever settle matters on a nuisance basis other than in very extreme cases (like, say, the Vail upside down lift guy a couple of years back who had incriminating photos posted online by Vail's own photographer).

Point of clarification:  the photographer in that case was NOT an employee of Vail.  He WAS the employee of another company, which operated a souvenir photography service as a concessionaire. 

No doubt the public wouldn't make much of a distinction in that case, and Vail likely paid handsomely for that little imbroglio in that they had sold the photography company access to its property and exclusive rights to provide that service.  But to say it was a Vail employee is inaccurate.

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