08/29/2013 05:06 EDT | Updated 10/28/2013 05:12 EDT

Paralyzed snowboarder gets go ahead to sue

A young man who was paralyzed after snowboarding at Nova Scotia’s Wentworth ski hill will be able to take the ski hill and the manufacturer of the snowboard he was riding to trial, a Halifax court ruled on Wednesday.

The case centers around one day in February 2008. Michael Coady went snowboarding at Wentworth Ski Resort.

He was 16 years old at the time.

That day, snowboard maker Burton was offering free energy drinks and the chance to try their line of snowboards.

Coady signed a waiver and took the board for a trial run.

But when he entered the terrain park with the board and tried a trick, he fell and broke his neck.

He is now paralyzed and must use a wheelchair.

Coady sued Burton and Wentworth Ski Resort for negligence. He argued the snowboard maker failed to warn him about the danger of testing the board, and failed to verify his age.

Coady claimed Wentworth failed to supervise snowboarders who were testing the boards, and failed to maintain and warn boarders about the terrain park — an area of the hill that contains jumps, rails and other features for performing tricks.

The defendants argued for a summary judgment, claiming there wasn't enough evidence to go to trial. The judge dismissed that.

Earlier this year, Burton appealed.

Wentworth Ski Resort chose not to appeal.

On Wednesday, the judge dismissed Burton's appeal, meaning the case will go to trial.

It's not clear when that will happen.