Page 15 - Flathead Beacon // 5.21.14

FLATHEADBEACON.COM NEWS
MAY 21, 2014 | 15

Serving
Whiteish Mountain Resort

Suggestions
Responds to Tree Well Lawsuit

Attorneys deny
defendants Winter Sports Inc., doing concealed pocket of loose, unpacked
allegations of wrong- business as Whiteish Mountain Resort; snow that forms around the base of a
For the Grill:
World Experience, doing business as tree, along the edge of the groomed trail
ful death from family World Experience Teenage Student Ex- near where skiers dismount from T-bar
change; and Fred and Lynne Vanhorn, 2.
of 16-year-old German the host family.
He was found at 11 a.m. when two
Attorney Mikel L. Moore, who is rep- other skiers noticed skis protruding
exchange student
resenting Whiteish Mountain Resort, from the snow. He was unconscious and
iled an answer to the complaint on May died three days later, when doctors in
By TRISTAN SCOTT of the Beacon 5, denying the allegations and demand- Kalispell declared him brain dead due to
ing a jury trial.
the efects of sufocation and his family
Rosemary Fused Olive Oil, Attorneys for Whiteish Mountain
Oicials with Whiteish Mountain removed him from life support.
Resort have iled court papers refuting a Resort on Big Mountain have previously The plaintifs allege that the area in
Black Trule Salt, Espresso lawsuit alleging the ski resort should be said the lawsuit was groundless and that which Waschle was skiing was not re-
Dark Balsamic
held accountable for the death of a Ger- they intended to “defend it vigorously” stricted or blocked of in any way, nor

man exchange student who died after in court, but the company had not yet were any warning notices posted re-
For the Salad:
falling into a tree well.
iled an oicial response.
garding the dangers of tree wells on or
The federal complaint, iled in U.S. “Our answer is consistent with com- adjacent to the trail.
District Court on Dec. 24, 2013, came ments made soon after the complaint The other defendants have not yet
three years after Niclas Waschle, 16, fell was iled, and that is that we believe the responded to the complaint, but U.S.
while skiing alone near the T-bar 2 ski lawsuit is without merit and we intend District Judge Donald Molloy granted
lift on Big Mountain. His mother, Patri- to vigorously defend this case through both parties extensions.

cia Birkhold-Waschle, father Raimund trial if necessary,” Moore said. “Our A separate complaint, iled at the
Waschle and brother Philip Waschle are answer is in line with that path that we same time as the federal lawsuit, re-
listed as plaintifs in the lawsuit, which have chosen.”
mains pending in Flathead County Dis-
seeks damages and compensation for According to the lawsuit, on Dec. 29, trict Court. The reason for jurisdiction
Persian Lime Olive Oil their loss and medical and other expens- 2010, Waschle was skiing on a groomed in federal court is that Waschle was a
Cranberry Pear Balsamic es.
trail near the T-bar 2 ski lift when he fell resident of a foreign nation.
The wrongful death lawsuit lists as
head irst into a hidden tree well, a large
[email protected]
Organic Botija Olives

Municipal Matters

A recap of recent news from City Hall

WHITEFISH
KALISPELL
request by the Montana Academy
for a youth group home at 1045
•The public is invited to meet the •The city’s building department is Third Ave. East, and a request for a
four finalists for the city’s Parks, racing to keep up with incoming 78-unit assisted living complex by
Josh Burlage of Beehive Homes at
Recreation and Community Servic- permit requests for new single fam- 242 Stillwater Road in Kalispell.
es Director at a open house at Grous ily homes. In the past two weeks, 10
Mountain Lodge at 7 p.m., May 21. new permits have emerged, adding • At its meeting on May 19, after the
! The four finalists are Maria Butts to the 20 that are currently being Beacon went to print, the city coun-
WE REFILLof Whitefish, Jennifer Young of reviewed.
cil voted on a potential list of priori-
Kalispell, Tom Carosello of Pagosa
Springs, Colo., and Rob Carter of •The building department has re- ties for the January legislative ses-
10% OFF ON REFILLS
ceived commercial permits for a sion. At a recent work session, the
Arlington, VA.
new Burger King restaurant pro- council crafted a list of topics/goals,
• The proposed FY15 budget for the posed on the southwest corner of including the support for legislation
that would provide local communi-
city is complete and being trans- the Guest House Inn at The Outlaw ties the option of enacting a voter-
mitted to the mayor and council for on 18th Street East.
approved sales tax within city lim-
review and consideration. A copy of its. The sales tax would help main-
the proposed budget is on the city’s •Planning staff met with the Flat-
website at www.cityofwhitefish. head High School neighborhood tain infrastructure and services for
org. The mayor and council have steering committee as well as the the community that is impacted by
two work sessions scheduled ini- general public and representatives visitors but paid for by residents.
tially to review the budget and hear from Flathead High School to con- The other priorities include legis-
tinue talking about parking solu- lation in support of tax increment
from the city manager and various tions in the area. The neighborhood finance districts, the review of im-
departments and agencies about steering committee is looking at pact fees and public infrastructure
their budgets. Those two work ses- cost assistance.
406.730.1449
sions are May 27 and June 9. There possibly implementing a parking
is also an initial public hearing that district around the high school. • At its Monday meeting, the council
will occur as part of the city coun- The next step would be for planning voted on whether to approve a col-
140 Lupfer Ave, cil’s regular meeting on June 16 and staff to meet with the neighbor-
a final budget public hearing sched- hood committee in the near future.
lective bargaining agreement be-
Whiteish tween the city and the Kalispell Po-
uled for Aug. 18.
• In addition, for the June 10 plan- lice Association.
www.genesis-kitchen.com
ning board meeting, the city has a