vaildaily.com - Taft Conlin was 13 when an avalanche on Prima Cornice killed him last January. Conlin’s parents sued the ski company, claiming their son died because the company’s negligence created an “avalanche trap” that killed him.
The ski company filed its answer Monday afternoon in Broomfield County District Court, claiming Conlin caused his own death.
“Taft Conlin was negligent and such negligence was either the sole, or a contributing cause,” Vail Resorts said in its response.
In their response, the ski company claimed there is an Upper Prima Cornice trail, and a Lower Prima Cornice Trail, and that Taft climbed from one to the other before the avalanche killed him.
Vail’s trail map makes no such distinction, said Jim Heckbert, an attorney with Burg Simpson, who is representing Taft’s parents, Dr. Louise Ingalls and Dr. Stephen Conlin.
Vail’s line in the snow?
On Jan. 22, 2012, around 1 p.m., Conlin was on telemark skis when he and five young skiers entered the lower Prima Cornice area through an open gate looking for fresh snow, according to a Colorado Avalanche Information Center report.
A rope blocked the gate at the top of the Prima Cornice run.
Several others had skied onto Prima Cornice that Sunday, after one of last winter’s rare storms dropped new snow, the report said.
This is Fucking BullShit!!!! Taft and his buddies went through an open gate last year and traversed a little over. Vail Resorts are the negligent ones in this case. Maybe if those lazy ass ski patrol over at vail were doing a good job Taft would still be here. If you go through an open gate and duck no ropes to get to the terrain who’s fault is that. Vail resorts will deny this forever but if they would do there job he wouldn’t have been hurt. He was being negligent or irresponsible but merely thinking the terrain was safe because it was OPEN! Suck it Vail. Karma’s comin!!
I heard they skied through the gate with a rope separating the open area from the avalanche path. They skied to the end of the rope, went around it, took off their skies and hiked back into closed terrain. They’re on their own.
Read your lift ticket…..assume responsibility too.
HAHA, obviously a whole bunch of Vail workers on here, what a joke. This guy is right I know first hand Vail Resorts couldn’t give a care about anyone but there politics and bottom dollar.
Ok, let’s start this off as a tragic event that we wish we could turn back the clock and prevent this from ever happening. My condolences go out to the family and friends of this bright star that was snuff out way too early in life. I myself dislike Vail Resorts with a passion but that I will not get into here. With that being said, you sir should be banned from ever writing any comments about any subject revolving around anything. You, my good-man, are either a family member or a friend of the family and as catastrophic as this is you are either too close to the situation or a complete fucking idiot! People who sue ski resorts should be dragged into the streets and shot! –Schmidt Take responsibility for your actions in this wonderful state of mother nature. !
It is a tragedy every time someone is killed.
However these lawsuits are absolutly ridiculous. Skiing is a dangerous sport and it is the skiers responsibility to stay safe.
Vail is right. Its a tragedy that somebody so young died over powder, but they hiked around the rope. This lawsuit is ridiculousness.
“People who sue ski resorts should be shot”
The legend himself Mr Scott S
I know their is an anti-vail sentiment on this website, but they were not responsible for the kid’s death. They followed the rope that separated the closed and open area, when it ended, they traversed and climbed UP 120 feet into the closed area. How is Vail responsible for their safety at this point?
Are you fucking kidding? Do you not realize that in-bounds avalanches occure at many resorts and sometimes do result in death? Open run or not, snow is unpredictable and skiing is dangerous as a result. If you do not understand this please stay home where it’s safe. The last thig skiing needs is another looser who takes zero responsibility for themselves. This was a horible tragedy and accident and is the unfortunate byproduct of the sport. Vail ski patrol and all professional ski patrols dedicate their work and lives to the sport and are way under appreciated. Why don’t you suck it!
Amen
Ha were you there? If so say so. If not, you have no right. The ones that were will be under oathe and if they hiked into closed terrain they shouldn’t have. Thus should be responsible for their actions.
I was not involved in the incident, but the newspaper article said: “Three of those skiers sidestepped about 120 feet up the hill and to the south, the CAIC report said.”
How is it closed if the gate is open?
There are two gates. The upper gate was closed, the lower gate was open. If you hike up, you can tell the patroller you didn’t duck any ropes if they try to take your pass, but you have to know you’re taking a risk.
Read the article numbnuts. Upper Prima closed. Lower open. It said they entered lower then hiked into upper.
Im not sure where you all are getting this information about a rope that he followed. Nowhere does it say anything about that. Sounds like went through the gate and sidestepped 120 linear feat uphill. So enters gate on the ridge and continues to sidestep up the ridge. Keep in mind there is no rope. Here you go- Events Leading to the Avalanche
Five skiers entered the Prima Cornice area through the Lower Prima Cornice gate. Skiers 1, 2 and 3 began hiking or sidestepping uphill to the south along the rim of the Prima Cornice. Skiers 4 and 5 quickly decided to stop hiking and skied down about 200-300 vertical feet to a bench in the slope. Skiers 4 and 5 waited for the other three at this bench.
Skiers 1, 2, and 3 continued hiking/sidestepping until they were approximately 120 linear feet uphill and to the south of the Lower Prima Cornice gate. From the rim of the Prima Cornice, they traversed south and further out into the Prima Cornice area. The three skiers were in the Prima Cornice area at the time the avalanche released. From examining physical evidence and eyewitness testimony, we were unable to determine the exact locations of the skiers when the avalanche released.
True though assume all risk when skiing. But damn you guys are cold blooded.
First of all, nowhere is it said that there was a rope separating the closed from open portions of the run. Second, This is a 13 year old child! Whether what they did was right or wrong he was a great kid and NOBODY deserves this criticism especially after such an incident.
First of all, nowhere is it said that there was a rope separating the closed from open portions of the run. Second, This is a 13 year old child! Whether what they did was right or wrong he was a great kid and NOBODY deserves this criticism especially after such an incident.
I’m still not sure how the family and their attorney can contend that this doesn’t fall under the CO Skier Safety Act (according to the Vail Daily article)? That inbounds avalanches are not an inherent risk of skiing? The act does say “…existing and changing snow conditions…” and “…variations in the terrain…”, aren’t avalanches those exact things? Changing snow conditions over variations in terrain?
I am truly sorry for the family’s loss, but I truly don’t see any case here and will be very afraid if Vail somehow loses this case.
Kind of like suing the city of Santa Monica for getting bit by a shark while surfing the pier. Maybe it helps with the healing process for the parents to hear a jury say that their son’s death was the fault of someone other than his own…
Ok, let’s start this off as a tragic event that we wish we could turn back the clock and prevent this from ever happening. My condolences go out to the family and friend of this bright star that was snuff out way too early in life. I myself dislike Vail Resorts with a passion but that I will not get into here. With that being said you sir should be banned from ever writing any comments or about any subject revolving around anything. You, my good-man, are either a family member or a friend of the family and as catastrophic as this is you are either too close to the situation or a complete fucking idiot! People who sue ski resorts should be dragged into the streets and shot! –Schmidt Take responsibility for your actions in this wonderful state of mother nature. !
This bullshit is exactly why we have so many restrictions on where we can ski at resorts here in the states. Sueing FAIL is not going to bring back your dead child!!! Stupid sue happy americans like this poor kids parents are the reason we dont have the freedom to ski where we choose. I hope vail wins this case and that the poor family of the victim finds peace in this terrible incident through a more meaningful means than a law suit
Skiing carries inherent risk. accidents happen. Sorry for your loss.
tragic… but that’s nature you can never know what happen when you go skiing… I would not say the resort is responsibly for that accident everybody is it for his own life… that’s why I always go riding with my avi gear and my friends too… my uncle stopped working as a ski instructor cause his friend got caught with his whole group in an avalanche on a day which was sight as a really safe day and this guy was a really safe guy he knew everything about the terrain and snow situation… one died as well… he was responsibly for that… and that’s tragic as well…
Here in Europe we practice sense and responsibility, there aren’t ropes on the piste to mark on or off. Some routes/areas are marked off as they are more dangerous but the basic rule is go off the track and you’re on your own (in terms of liability. This is a simple rule that makes life so much similar in Europe….
Rope or no rope, you’re off piste at your own risk…
smuggest comment ever. just stay in europe…
Smart comment. Carl; do you really think the attitude in America that anything bad that happens is someone elses fault is right, or do you think the Europeans have a much better grasp on reality and personal responsibility. Personally, I wish I was Canadian or European and hate the average gaper American.
by no means was i trying to say that anything bad that happens is someone else’s fault. just something about the comment gave off this wiff of smug like america is full of these gapes that don’t have a clue and that only in europe do they practice sense and responsibility. alls i’m saying is that yea, we do have some idiots here, but what country/ continent doesn’t? we also have a pretty good amount of people that are responsible here too. i’m totally in agreement that when going off piste you are on your own, pretty sure most lift tickets say you’re on your own basically once you get on the lifts here anyways.
Unfortunately both his parents are doctors, so their all too knowledgeable about lawsuits. They probably think this is okay. “It’s just insurance dollars” to them. Cash won’t bring yer kid back assholes.
They are veterinarians
Skiing is dangerous. Snow is unpredicible. Tragic Event.
I’m confused. If the upper section had dangerous avy conditions and was closed, wouldn’t the open lower section still be threatened by the dangerous avy conditions of the closed upper section above it ? Is these something about the topography of this run that would not have a slide in the upper section potentially slide down to the lower section?
Upper and lower really refer to first entrance and second entrance. Both entrances are on a ridge ridge and are separated by several hundred yards.
Bullshit– the kid stepped uphill into an unsafe zone period.
Obviously most of you have not skied this area. The whole thing should have been roped. Period. In that area, shit should have been taken care of by 1pm.
I skied at Vail for 16 years now, I never met Taft but I’m sure he was a fine kid.
I was riding up with a patroller when they first radio’d the accident in. Taft and his friends actually ducked before the first gate into a permanently closed space in between Gandy Dancer and Prima Cornice that goes by Zone 1 and Zone 2, two different ‘chutes’, respectively. Zone 2 (Where the slide was) is infamous for slides and is impossible to actually get on top of without ducking the rope before the first PC gate because of a rockband in the way, you can traverse to the bottom of it easily but it’s not likely it would have slid from the bottom. I’m practically certain that his friends told everyone afterwards that they hiked from the second gate in fear of getting in trouble for ducking into the zones.
Say what you will but when it comes down to it, the skiers should be held responsible.
Prima Cornice is the only steep run at Vail in the same class as
Snowbird, Squaw Valley, or Alta.