Industry News
A wrongful death lawsuit has been filed against Heavenly Mountain Resort in South Lake Tahoe, California, following the death of 46-year-old snowboarder Wesley Whalen in March 2023, reports the SF Chronicle. The incident occurred after a massive blizzard dumped seven feet of snow on the resort.
Whalen, a hearing-impaired snowboarder from New York, was visiting Heavenly with the U.S. Deaf Ski and Snowboard Association when the accident occurred. According to the complaint filed by his widow, Whalen stopped to rest on a black diamond run and began sinking into the deceptively loose snowpack.
The lawsuit alleges that Heavenly’s negligence contributed to Whalen’s death. It cites insufficient ski patrol coverage, a lack of warning signs, and inadequate protective measures around areas prone to cave-ins. The complaint also questions the resort’s avalanche mitigation efforts, suggesting they may have increased the risk of snow collapse.
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Attorney Mike Guasco, representing Whalen’s widow, clarified that while the incident occurred near a tree, it was primarily a “loose-powder incident with the risk of a cave-in” rather than a typical tree well accident.
The National Ski Areas Association reports that snow immersion fatalities account for about 10% of ski area deaths, emphasizing the importance of awareness and safety measures. Heavenly Mountain Resort set a snowfall record that season, receiving 570″ in total.
Vail Resorts, which owns Heavenly Mountain Resort, has not yet responded to requests for comment on the pending litigation.
It’s sad for the individual involved,and their family and friends. However, people should take some self responsibility and own the consequences. If it was dangerous, expecting others to come after them is on them. This may sound harsh, but every should make their own risk assessment. Suing others due to some mishap seems to be part of the American culture. The consequence is it makes everything expensive and risk averse. Maybe buy shares in cotton wool, but be careful not to suffocate.
How is this the resorts fault? I hope they don’t win the lawsuit. Don’t go on a powder day next time I guess.
Was he also blind and couldn’t see that multiple feet of snow had fallen and maybe conditions could be a touch hazardous? If his widow wins this case I will lose even more hope for us as a species.
The fact that you can make a comment like this with no regard to the human being who passed, or his family, goes to show that you should have lost hope for us as a species long ago. How very disgusting and classless of you.