The family of Peter Marshall, who was killed in an avalanche during an AIARE advanced avalanche safety class with the Silverton Avalanche School, has dropped the school and teacher from their lawsuit. It appears that a settlement was reached. A complaint remains open against Backcountry Access, their owner K2 Sports, and K2 owner Kohlberg & Company.
Last month the family dropped its claims against the county, school and guide. Attorneys for the Marshall family have not returned calls or responded to emails and representatives from the county and school declined to comment, indicating a settlement amount was most likely agreed upon.
The family had argued that the school and guide had misled Marshall into taking the class by “falsely presenting” that school staff “possessed deep operational experience in avalanche terrain.” The family also claimed the school and guide displayed “gross negligence.”
The Colorado Avalanche Information Center (CAIC) report pointed to several mistakes during the advanced class, including a group of skiers gathered on a slope steep enough to slide, those skiers misjudging the steepness of that slope and a failure to recognize clear avalanche hazards. The guide triggered the first avalanche, which swept the whole group down the slope. A second avalanche buried Marshall under several feet of snow.
The family of the 40-year-old Longmont skier is still suing K2 Sports and its subsidiary Backcountry Access, which makes an air bag backpack that was not deployed when rescuers found Marshall buried in more than 8 feet of avalanche debris. “Peter Marshall attempted to trigger his Float 32 avalanche air bag system but it did not fully deploy or inflate,” according to the complaint filed in Boulder District Court.
A mistrial in the Colorado Avalanche case against two snowboarders has been declared.
The two snowboarders are facing charges in Summit County for an avalanche they triggered last spring. Evan Hannibal, 26, and Tyler DeWitt, 38, appeared in Summit County District Court Thursday for what was supposed to be day one of their trial, but only half of those summoned for jury duty appeared.
Now they will have to wait until June for their day in court. The judge had to declare mistrial in the colorado avalanche case.
Avalanche investigators from the Colorado Avalanche Information Center (CAIC) must testify in the trial of Evan Hannibal and Tyler DeWitt according to Judge Casias. He dismissed a motion from the Attorney General’s Office to void subpoenas to keep them off the witness stand.
On March 25 DeWitt and Hannibal were snowboarding above the Loop Road at the Eisenhower/Johnson Memorial Tunnels. They triggered an avalanche. Nobody was injured but it covered more than 400 feet of the roadway up to 20 feet deep and damaged a remote avalanche-control installation.
The District Attorney charged both snowboarders with misdemeanor counts of reckless endangerment.
Avalanche testimony by Colorado Avalanche Information Center boss Ethan Green in a criminal case could hinder the function of the agency, according to the state Attorney General.
Evan Hannibal provided his helmet video of the avalanche he triggered above Interstate 70 last March. The avalanche buried a service road and destroyed an avalanche mitigation installation protecting I-70. He thought the Colorado Avalanche Information Center (CAIC) would use his submission to help educate others.
But Summit County prosecutors used the video for a criminal case. They seek restitution for the damaged avalanche mitigation device.
Now Attorney General Weiser has stepped in, asking Judge Casias to reject having state employees testify. He cites several reasons, such as their busy winter work schedules.
Two Alpine Meadows avalanche lawsuits have been filed by the widow and a friend of a dead skier. They accuse the resort of negligently rushing to open the unsafe slopes for a busy holiday weekend.
Cole Comstock, 34, of Blairsden, California, was killed. His close friend Kaley Bloom was seriously injured. They were caught in an avalanche on an Alpine Meadows ski run on Jan. 17, 2020. Nobody else was seriously hurt.
The two Alpine meadows avalanche lawsuits were filed in Placer County Superior Court by Bloom and by Cole’s widow. They seek unspecified damages from Alpine Meadows. The allegations include negligence, gross negligence and breach of contract. Raymond’s lawsuit also alleged the resort was to blame for her late husband’s death.
Two avalanche defendants, snowboarders, are facing charges and a $168,000 fine for an avalanche that threatened I-70. A judge just dismissed their motion to dismiss video of the avalanche they gave to Colorado Avalanche Information Center.
A Summit County Court judge dismissed a motion to suppress a GoPro video of the avalanche. Evan Hannibal and Tyler DeWitt had given the video to the Colorado Avalanche Information Center (CAIC).
The video is evidence in the Summit County District Attorney’s case against Hannibal and DeWitt. They are charged with reckless endangerment and could face a $168,000 fine. These are the first criminal charges ever filed against skiers involved in an avalanche in Colorado.
Peter Marshall died in an avalanche during an avalanche safety class near Red Mountain Pass in 2019. In an avalanche lawsuit his family names the school, the guide, and Backcountry Access.
The slide swept six skiers down a slope. All of them were part of a Level 2 American Institute for Avalanche Research and Education (AIARE) class. Which was offered by the Silverton Avalanche School.
The family is suing the guide, school and local rescue group. And also the maker of an avalanche airbag and its private equity firm owner. This lawsuit marks the second recent legal action involving avalanches based on reports by the Colorado Avalanche Information Center (CAIC).