Tag Archives: lawsuits

Mistrial in Colorado Avalanche Case against snowboarders

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.

“I’m disappointed for a lot of reasons,” said Judge Edward Casias. “I’m disappointed for the parties not being able to address this the way they should have today. Both the People and Mr. Hannible and Mr. Dewitt were entitled to a jury trial of 6.”

Jason Flores-Williams, attorney for the defendants said about half of the 40 summoned showed up.

“…and when we started questioning jurors about what they knew about the case, if they had any biases, it became pretty clear that we weren’t going to be able to get 6 impartial jurors,” said Flores-Williams.

Judge Casias thanked those who did show up and had some words for those who didn’t.

“It’s an important case. Every case is important,” he said. “There are very few civic responsibilities we ask of you. Jury service and voting really are the two that we ask you to be engaged in with your community and some of the people that were summonsed chose not to and I will address that with them and probably the community at large.”

Eisenhower Tunnel Avalanche and Damage

Hannibal and DeWitt were snowboarding on March 25 when they triggered an avalanche just above the Eisenhower Tunnel.

“The avalanche put debris on the road that was over 400 feet wide and 20 feet deep,” said Ethan Greene, Director of the Colorado Avalanche Information Center.

The pair reported the slide to the CAIC and handed over GoPro video to go with the report. They never realized it would be used in a court case against them.

They now face a misdemeanor for reckless endangerment and may have to pay some restitution for damage caused.

The trial has been rescheduled for June 7, 8, and 9.

Mistrial in Colorado Avalanche Case
A Mistrial in Colorado Avalanche Case was declared.

Alpine Meadows avalanche lawsuits over dead and injured guests

AP – 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.

Two Alpine Meadows avalanche lawsuits filed

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 resort had closed the previous day following several days of heavy snow and high winds that dramatically increased avalanche risks, the lawsuits claimed. The National Weather Service in Reno reported wind gusts up to 116 mph the night before the avalanche.

Alpine Meadows “premature opening” that Friday “was in response to public and economic pressure to open that particular lift and callous disregard for the dangerous combination of conditions,” according to Bloom’s lawsuit. He says he suffered severe and ongoing injuries.

Avalanche Control work done

The avalanche happened after avalanche control work was performed, the resort said in a statement. Such work involves the use of explosive detonations. They intentionally trigger avalanches while guests are not in the area.

“While we cannot comment on ongoing litigation, January 17, 2020 was a devastating day for our team at Squaw Valley Alpine Meadows, and we continue to share our deepest sympathies with the family and friends of those affected,” Alex Spychalsky, a spokeswoman for both of the neighboring resorts, said in an emailed statement.

Raymond’s lawsuit says Alpine Meadows “should not have opened the ski run under the circumstances.”

Most skiers who buy ski resort passes must sign release forms. Those warn that winter activities “can be dangerous and involve the risk of injury or death.”

But Raymond’s lawsuit said the resort increased the risks beyond those normally assumed by skiers. Cole and Bloom believed they were skiing on a run that was safe because avalanche control had been performed.

Reopening the runs after they’d been closed the day before “created a false and reckless illusion of safety,” the lawsuit said. “Inadequate and/or incomplete mitigation measures did not decrease or mitigate the risks, but instead further increased the risk and turned a dangerous area into a deadly one.”

Raymond’s lawsuit notes that most ski fatalities occur outside of ski resorts. In-bounds avalanche deaths are rare.

Experienced Skier

Comstock was an experienced skier. He grew up in the Sierra Nevada and skied both in-bounds and out-of-bounds. Depending on the conditions of the day and information from the resort and the ski patrol, his widow said in the lawsuit.

Raymond was on the other side of the mountain when she got a phone call from friends. Telling her there had been an avalanche. She went to wait for her husband beneath a chairlift.

That’s when she saw the ski patrol pulling a stretcher with someone covered with snow and blood. They stopped and began administering CPR to the victim. Then she recognized her husband’s maroon ski boots and realized it was him.

She said blood spewed from his mouth with each push on his chest as the ski patrol team took turns at CPR for 45 minutes.

“Eventually they stopped as she watched them pull the white sheet over him. Her last image of her husband was a broken and already dead body,” the lawsuit said.

Seven people were killed in an avalanche at Alpine Meadows in 1982.

Two Alpine Meadows lawsuits were filed after a guest died in an avalanche.
Two Alpine Meadows lawsuits were filed after a guest died in an avalanche.