Estimated read time: 3-4 minutes
PARK CITY — The wife of a man who died in a backcountry avalanche in Weber Canyon earlier this year has filed a lawsuit against the company and employees who were leading his skiing group.
Caroline Barr alleges in the lawsuit that Park City Powder Cats & Heli-Ski and some of its employees were grossly negligent and wrongfully caused her husband's death.
Barr, of Orange County, California, said she and her child should be awarded damages to account for the loss of companionship and affection from Ryan Barr, loss of his income, medical expenses and their pain, grief and mental suffering.
Park City Powder Cats responded to the lawsuit on Aug. 8 and listed 22 reasons the case should not move forward. These reasons included that Ryan Barr had signed a waiver, the claims are barred under Utah's Inherent Risk of Skiing statute, that it did not breach any duties or act negligently, that it acted with reasonable care and any additional reasonable care would not have changed the outcome, Ryan Barr's negligence was at least 50% responsible for the injuries and damages Caroline Barr claims, and the death was due to an act of God that could not be controlled.
The complaint
Caroline Barr said her husband was in a group with two guides, 11 clients and two snowcat operators in a guided powder skiing group on March 9 near Oakley in Summit County, when he was caught in an avalanche.
The complaint initiating the lawsuit explains that it was a record year for snowfall, and there was high avalanche danger when the group of skiers were brought to the last run of the day which they were told would be a "party run."
"The guides selected the route without regard to avalanche conditions, snow conditions, the steepness of the slope, the lack of beta testing, and the terrain trap (gully) at the bottom," the lawsuit claims.
The complaint filed in the 3rd District Court alleges that if the tour guides had followed procedures, Ryan Barr's death could have been avoided. Specifically, she claims they:
- Did not give the group instructions for an emergency search and rescue.
- Did not give her husband a radio or shovel to carry.
- Picked a run that was too dangerous, and put her husband at an elevated risk.
- Sent more than one skier at a time across a traverse which she said increases the risk of a human-triggered avalanche.
- Did not allow her husband's friends to help with the search and rescue.
- Waited three days to contact her.
The complaint said two of the four skiers on the traverse at the time were pushed into a gully by a human-caused avalanche; the other skier was injured but was found first and survived.
Park City Powder Cats' response
In its response, Park City Powder Cats addresses each of the claims, denying or saying that it did not have the information to affirm many of them.
It said Barr was given a shovel, and denies the run that was picked had any additional risk of danger. The legal response also denies that there were multiple people going across the traverse at the same time.
The company also said it did not prohibit Barr's friends and other guests from aiding in the search, and it also denied that Park City Powder Cats waited three days before contacting Barr's wife.
