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SALT LAKE CITY — Three people are suing Snowbird alleging negligence while selling alcohol at its Oktoberfest and failing to protect guests from drunken patrons at the popular drinking festival.
The personal injury lawsuit filed against Snowbird Ski and Summer Resort on Monday in 3rd District Court is seeking more than $300,000 in damages and medical expenses and voices concern that the resort's Oktoberfest has become a "Rocky Mountain Spring Break" that is ripe for drunken brawls, noting additionally that many participants are driving to and from the alcohol-fueled event in Little Cottonwood Canyon.
"It is the desire of the Andersons that this lawsuit draw attention to an Oktoberfest that is out of control, and by doing so, they hope to prevent others from being seriously injured or killed," the lawsuit states, calling for the resort's liquor license to be revoked.
Oktoberfest at Snowbird, which is currently happening Saturdays and Sundays through Oct. 11, attracts an estimated 60,000 people each year to make it one of the largest festivals in the state and has been recognized as one of the top 10 events in the country, according to the resort's website.
In a response Monday, Snowbird officials said last year's incident was the first of its kind and should be resolved between the two groups involved, not with the resort.
"It is our understanding there is ongoing criminal charges against one of the parties and we feel this is where the matter should be handled," said Snowbird President Bob Bonar in a prepared statement. "Guest and employee safety are a top priority. Our track record shows this is an unprecedented event involving two parties that should have walked away from each other to prevent this altercation."
Brent and Laura Anderson, of South Ogden, their adult son Thadius Grzeskiewicz, of Kearns, and their families were visiting Snowbird in September of 2014 when they met up with a group of intoxicated Oktoberfest patrons who were drinking from the large steins they carried while cursing loudly and making offensive remarks, according to the lawsuit.
Guest and employee safety are a top priority. Our track record shows this is an unprecedented event involving two parties that should have walked away from each other to prevent this altercation.
–Bob Bonar, Snowbird President
Brent Anderson asked the group to be respectful of the children in his family as well as others nearby before they boarded the same tram up the mountain, the lawsuit states. However, the behavior resumed on the ride with no intervention from a nearby tram operator until several individuals eventually confronted Anderson after disembarking at Hidden Peak.
"Several of the intoxicated individuals approached Mr. Anderson in a highly aggressive manner, screaming in his face, 'Who are you?! You can't tell us what we can and can't say!'" the lawsuit states. One person then hit Anderson on the left side of his head and "several of the intoxicated individuals then began to viciously beat Mr. Anderson."
Grzeskiewicz attempted to intervene and keep the group from advancing on his wife and infant son and was hit in the head with a beer stein, according to the lawsuit. Laura Anderson was caught in the fray and pushed to the ground. The three and their families were eventually able to retreat into the tram car when bystanders intervened, remaining there as the group allegedly pounded on the door and shouted threats.
Both Brent Anderson and Grzeskiewicz sustained head injuries while Laura Anderson injured her ankle, requiring surgery, according to the suit. Exhibits filed in court include a photo of Brent Anderson following the incident, showing the amount of bruising and cuts on his face and around his eyes.
After the tram operator returned and left the disorderly group at Hidden Peak, a Unified police officer responded, reviewed surveillance footage of the incident and arrested three individuals: Andrew Verburg, 22; Jose Antonio Miguel, 32; and Teroy Anthony-Glen Herring, 24.
The three were each charged in April with three counts of assault, a third-degree felony, as well as intoxication and disorderly conduct after requests to stop, both class C misdemeanors. Miguel is also charged with making threats of violence, a class B misdemeanor.
An arraignment in the criminal case, which is separate from the lawsuit, is set for Oct. 19.
Snowbird officials said the resort has never received an alcohol violation and ensures its employees are properly trained and certified to serve alcohol. Additionally, the event is patrolled by Snowbird security and Unified police.
Snowbird provides free van service to Oktoberfest patrons upon request and this year has introduced a partnership with the rideshare company Uber.
The lawsuit against Snowbird claims the resort "knew or should have known that alcohol intoxication results in, among other things, poor judgment, failure to appreciate danger and a propensity for violence," arguing that the resort does not provide adequate security and should have known its patrons could be put at risk, but failed to take steps to ensure they remained safe.
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