In late February 2023, a major blizzard dumped several feet of fresh powder into the mountains of Northern California. It’s a dream condition for many experienced snowboarders like Wesley Warren.
Instead, it turned into a worst-case scenario.
Whalen, 46, was suffocated under deep snow at Tahoe’s mountain resort on March 1, 2023.
His widow says the resort is responsible.
In a recent lawsuit, Chanel Whaleen alleges that heaven made extreme conditions even more dangerous, failing to warn visitors and increase safety patrols, causing her husband’s death.
A photo of Wesley Warren’s family who died when choking under the snow at a Tahoe Ski Resort.
(Chanel Warren)
The lawsuit, filed last month in El Dorado County Superior Court and first reported by the San Francisco Chronicle, alleges that the heavens increased the risk of sinking into loose, deep snow by causing an avalanche just after the snowstorm. The lawsuit “blowing” snow and loose snow packs by creating a controlled avalanches – regular practice at ski resorts – not only increase the amount of powder but also create the appearance of a solid upper layer of snow. claims to have hidden natural signs of the .
“The combination of this newly loose powder with essentially unprecedented precipitation has significantly increased the risk of the cave,” the lawsuit states. “Heaven has also failed to warn guests that they’ve blown up, meaning that even skilled and experienced skiers and snowboarders have no reason to believe that the risk of the sink was in fact the same. .”
The illegal death lawsuit alleges that the resort is negligent and demands unspecified damages.
Vail Resorts, Inc. owns and operates Heaven. spokesman Ashlee Lamber declined to comment on the case, saying he had not commented on the pending lawsuit.
On the day he died, Whalen – he was described in a complaint as a “skilled and experienced snowboarder” and was active in the US skiing and snowboarding assn for the deaf. – He was down a single black diamond trail when he pulled to the side to stop, the lawsuit said. A lawyer representing Whalen detailed what happened after reviewing footage from a GoPro-style video camera Whalen had on him.
“He started slowly, but consistently started sinking into the snow bag,” “the snow collapses on top of him,” the lawsuit said. “Wesley was buried alive.”
The lawsuit called the day “apparently loose” and said “ski patrol coverage is insufficient.”
The complaints point to several reports after his death that showed Whelen had fallen into “Tree Wells,” a dangerous flood in the deep snow known for catching skiers and snowboarders. did. However, the lawsuit stated that “there was no warning about the dangers of wooden wells or caves,” and the resort had to install temporary fencing and warning signs if such danger existed.
National Ski Area ASSN. Skiing from well-maintained trails increases the risk of deep snow and tree well accidents, which is fatal. However, the lawsuit argues that the location where Whelen pulled “well within open trails” and how he died is not part of the inherent risks associated with snowboarding.
“To be swallowed up by snow like it’s sinking into snow is not essential on snowboarding,” the lawsuit said.
“Wes is a leader in the deaf community and his wife, Chanel, was his whole world,” said Mike Gusco, a lawyer representing his wife, in a statement. “His death was an immeasurable loss, something the community and Chanel still feel sharp. What’s worse, his death was completely preventable.”
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