Taft Conlin skier death lawsuit against Vail Resorts hits court, will continue for up to three weeks
June 12, 2018
EAGLE — A jury will decide where the truth lies in a wrongful death lawsuit against Vail Resorts.
Either Taft Conlin hiked up further than the length of a football field and higher than a 10-story building to access closed terrain on Vail Mountain's Prima Cornice run, causing his own death, or Vail Resorts failed to properly restrict access to the terrain and that negligence caused Conlin's death.
What is known to be true is that Taft Conlin was 13 years old on Jan. 22, 2012, when an in-bounds avalanche on the front side of Vail Mountain killed him.
Opening statements and witness testimony in the three-week civil trial began Tuesday, June 12.
Two sides to the story
The upper gate to Prima Cornice was closed that day, the first big snowfall of an otherwise woeful snow year.
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Skiers entered the lower gate, climbed up the run and skied down, something they have been doing since 1985 when Prima Cornice opened, said Jim Heckbert, attorney for Dr. Louise Ingalls and Dr. Stephen Conlin, Taft's parents.
"It is undisputed," Heckbert said.
Local businessman Gary Pesso has been in the valley since 1979 and competed on the Pro Mogul Tour.
"When they opened Prima Cornice, it was like candy for us. We skied there quite a bit," Pesso said.
Pesso skis Prima Cornice so often that his friends call the chute PCP, Prima Cornice Pesso. He said he has made a climb similar to the one Taft Conlin made that day "numerous times."
Ski patrollers intended to close that part of Prima Cornice that day so patrollers could blast it for avalanche mitigation, either Sunday night after the lifts closed or Monday morning before they opened, Heckbert said.
But they didn't, he said, and Taft Conlin died.
"They knew it was happening, and they did nothing about it," Heckbert said. "Vail Resorts broke the law."
Vail Resorts ski patrollers will testify that they have never heard of anyone climbing Prima Cornice, and skiers will testify that they never did it when the Vail Ski Patrol was around, said Hugh Gottschalk, Vail Resorts' lead attorney.
Ski patrollers decide what's open and closed, based on the conditions on the ground, Gottschalk said.
The way Vail Ski Patrol manages terrain, if you enter a gate, you can ski any terrain you can get to by going downhill, following gravity. If you can access an area with gravity, it's open. If you cannot, it's not, Gottschalk said.
"Vail has always used that guideline," Gottschalk said.
An expert witness will testify on Vail Resorts' behalf that the upper part of Prima Cornice was closed because "skiing is a downhill sport," Gottschalk said.
"They wanted to leave the lower gate open so skiers could ski the lower portion of Prima Cornice," Gottschalk said.
"Taft Conlin … climbed up the equivalent of a 10-story building," Gottschalk said.
On the day the avalanche killed him, Conlin was skiing Vail with friends. They made a couple Chair 4 runs and headed to Prima Cornice, according to testimony.
During one of those runs, they took that Skiers Right out of the lower Prima Cornice gate. The upper gate was roped off, according to incident reports.
They stopped to look up and saw a huge flurry of snow. One of the boys in the group was swept off a rock. They quickly made their way to him – it was another of their friends, not Conlin. He stood up, his face bloody from the pummeling.
Then everything slid.
They tried to find Conlin, working their way down the mountain, headed toward a lift house.
Conlin was found a short time later, his legs sticking out of the snow against a tree. The avalanche pounding his chest had killed him.
Staff Writer Randy Wyrick can be reached at 970-748-2935 and firstname.lastname@example.org.
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