No Dismissal in Wrongful Death Lawsuit Against Vail Resorts

A judge has denied Vail Resorts’ request to toss a lawsuit filed by the parents of a teenager who died in an avalanche while skiing in January 2012.

The Vail Daily reports District Judge Chris Melonakis’ decision means the wrongful death lawsuit involving 13-year-old Taft Conlin will likely be decided by a jury. Conlin died in an avalanche on upper Prima Cornice on the front side of Vail Mountain.

His parents sued, saying the company didn’t close the run, despite the avalanche danger. They say Vail violated the Colorado Ski Safety Act when it closed the top gate to Prima Cornice but not the lower gate.

Vail attorneys say Conlin sidestepped up into an area between the two gates and he “knew or reasonably should have known that the slope uphill from the gate was closed.”