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.
The post Silverton Avalanche School dropped from lawsuit appeared on The Snow and Avalanche Blog.
]]>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.
The post Mistrial in Colorado Avalanche Case against snowboarders appeared on The Snow and Avalanche Blog.
]]>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.
The post Avalanche investigators must testify in Colorado criminal case appeared on The Snow and Avalanche Blog.
]]>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.
The post Avalanche testimony in criminal case could have “chilling effect” appeared on The Snow and Avalanche Blog.
]]>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.
The post Alpine Meadows avalanche lawsuits over dead and injured guests appeared on The Snow and Avalanche Blog.
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