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Update on Vail inbouds skier death: Denver Post article

Threads related to Colorado mountaineering accidents but please keep it civil and respectful. Friends and relatives of fallen climbers will be reading these posts.
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Re: Update on Vail inbouds skier death: Denver Post article

Postby 434stonemill » Fri Oct 11, 2013 2:42 pm

jomagam wrote:
I also wonder if timing has to do with start of a new season. My bet is that they're banking on Vail Resort wanting to avoid bad press and agreeing to settle out of court.


This lawsuit was filed a long time ago (relatively speaking). It was not just filed a month before ski season. As we all know, the wheels of justice turn slowly. It is happenstance that the depositions have now become available.

While I feel that a resort should not be required to entirely rope off and that if you hike above a gate you are responsible for your actions, I am also concerned about the potential discrepencies with the ski patrollers initial reports and their depositions. Was that because they were supposed to do something and didn't and initially were trying to cover their actions (which is an understandable human behavior) or was it pressure from Vail to cover its inactions.

So if Vail/patrollers did close the upper gate but didn't do any avalanche mitigation, were they worried they might be sued and thus lied in the initial report. Or is this there more to the potential discrepencies.

One thing I will say is never to jump to conclusions on lawsuits. Many on this board immediately thought this case was baseless and the family was just looking for money or "justice" for the loss of their son. These depositions show there might be some negligance on Vail's part. Wait till the trial before jumping to conclusions or at least be open minded enough that when everything is presented, you are willing to change your mind.

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Re: Update on Vail inbouds skier death: Denver Post article

Postby CampoVail » Fri Oct 11, 2013 3:13 pm

434stonemill, well said. Taft is missed by many here in Eagle. Visit taft.conlin.muchloved.com

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Re: Update on Vail inbouds skier death: Denver Post article

Postby benners » Fri Oct 11, 2013 3:52 pm

434stonemill wrote:Many on this board immediately thought this case was baseless and the family was just looking for money or "justice" for the loss of their son. These depositions show there might be some negligance on Vail's part. Wait till the trial before jumping to conclusions or at least be open minded enough that when everything is presented, you are willing to change your mind.

I was simply challenging the logic (or lack thereof) in the following statement found in the article linked by the OP:

"On the day of the avalanche, the upper gate entrance to Prima Cornice was closed, but the lower gate was open. The area between the two gates also remained open."

I'm sure we don't have all of the facts, but we were presented with this article and have decided to discuss what is written in it. I would again contend that if Vail can show the run was in fact closed, the avalanche mitigation negligence argument would be a moot point as I doubt resorts are required to mitigate terrain they are not expecting people to venture into. As Tom and others pointed out there must be more going on here than the article presents. I will keep an open mind and continue to follow the story. Very sad regardless.

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