More than six years since Taft Conlin’s died, and months after a Colorado court ruled in Vail Resorts’ favor, the parents of a skier who died in an inbounds avalanche at Vail Mountain in 2012 are hoping for an appeal. As reported by Vail Daily, Taft Conlin’s parents claim the courts in Broomfield and Eagle mishandled five key issues:
- Change of venue order, moving the trial from Broomfield to Eagle County.
- Pretrial orders by District Court Judge Fred Gannett.
- Rulings during trial before the jury.
- Erroneous jury instructions
- Erroneous verdict form that resulted in a defense verdict.
Dr. Louise Ingalls and Dr. Steve Conlin, the thirteen-year-old skier’s parents and plaintiffs in the trial, claimed the resort was negligent not to close a run known as Prima Cornice. The resort claimed, and the court has until now agreed, that the risks inherent to skiing and covered under Colorado’s Skier Safety Act shield it from being held liable for Conlin’s death.
The resort is now looking to recover more than $173,000 from Conlin’s parents to cover court costs. It estimates its total defense expenditures to be around $1 million and says its request for payment was made “in light of plaintiff’s pursuit of an appeal.” Any payment to the defendant will hinge on the results of the appeal, says the lawyer representing the plaintiffs.