Page 10 - Flathead Beacon // 9.23.15

NEWS
Applied Materials to Close Libby Facility
All 17 employees in Libby are being offered similar positions at the Kalispell site
BY DILLON TABISH OF THE BEACON
Applied Materials is closing its facility in Libby, company officials said Sept. 16. Kevin Winston, head of corporate
communications for the global technol- ogy company, said all 17 employees in Libby are being offered similar positions at the Kalispell location with relocation assistance.
“It was not an easy decision, but ulti- mately we feel that combining the staff in one location is best for employees and the company,” Winston said.
“We are hopeful that our talented Libby personnel will consider trans- ferring to Kalispell. Applied will be
offering severance benefits to each affected employee should they choose not to transfer.”
The Libby facility, a manufacturing site for the semiconductor industry, has been open for nearly 15 years. The clo- sure will go into effect Oct. 1.
Applied Materials Inc., a Califor- nia-based global supplier of chipmaking equipment for smartphones and other cutting-edge computer technology, has facilities across the world, including Northwest Montana. The Kalispell site, formerly Semitool, plays a key role in the Applied Materials supply chain, develop- ing components used to create semicon- ductor and display technology that are
then used by other companies to make the world’s most popular electronics, including smartphones.
In April, the manufacturing giant announced it was scrapping plans to merge with Tokyo Electron of Japan, another global chipmaker, after the Department of Justice said that combin- ing the two companies would hamper competition in the industry.
The deal, valued at $9.39 billion and announced in 2013, would have created a new tech giant worth $29 billion that would have controlled more than a quar- ter of the market in the rapidly evolving digital sector. American antitrust offi- cials had expressed opposition to the
merger. The two companies sought to streamline research and enhance man- ufacturing capabilities by combining two of the three largest players in the market.
In the wake of the breakdown, Applied Materials has continued to thrive as the market for electronic devices continues to boom.
Earlier this week, the company announced its third-quarter earnings were up compared to a year ago. Orders were valued at $2.89 billion, a 17 per- cent increase year over year. Net sales were valued at $2.49 billion, a 10 percent increase over last year.
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Exchange Family Dismissed as Defendants in Tree Well Lawsuit Judge rules in favor of Columbia Falls host family in German exchange student’s 2010 death on Big Mountain
BY TRISTAN SCOTT OF THE BEACON
A federal judge has absolved a Colum-
bia Falls host family from liability in the death of a German exchange student who fell into a tree well at Whitefish Moun- tain Resort in December 2010.
The federal complaint, filed in U.S. District Court on Dec. 24, 2013, relates to the death of Niclas Waschle, 16, who fell while skiing alone near the T-bar 2 ski lift on Big Mountain. He died four days later.
His mother, Patricia Birk- hold-Waschle, father Raimund Waschle and brother Philip Waschle, are listed as plaintiffs in the lawsuit, which seeks damages and compensation for their loss and medical and other expenses.
The wrongful death lawsuit lists as defendants Winter Sports Inc., doing business as Whitefish Mountain Resort; World Experience, doing business as World Experience Teenage Student Exchange; and Fred and Lynne Vanhorn,
the host family.
In an order Sept. 4, U.S. District Judge
Don Molloy ruled in favor of the Van- horns’ motion for summary judgment, effectively dismissing them as defen- dants in the lawsuit. Molloy ruled that the Vanhorns are immune to ordinary negligence claims under federal and state volunteer immunity statutes. As to the claims that the Vanhorns acted with gross misconduct and are subject to punitive damages, Molloy said there is no legal proof that the Vanhorns are liable, regardless of whether they warned Niclas of the danger of tree wells or skiing alone.
According to Molloy’s order grant- ing summary judgment, Niclas Waschle stated in his application for placement as an exchange student that he was a fre- quent and skilled skier and had recently skied in the Austrian Alps.
The order states: “In September 2010, Fred Vanhorn contacted Niclas’s mother about purchasing a ski pass for Whitefish
Mountain Resort. She provided both permission to purchase the ski pass for Niclas and funds to do so. Once the ski season began, Niclas skied ten days at Whitefish Mountain Resort between December 5, 2010 and December 29, 2010, sometimes in the company of Fred Vanhorn. At approximately 11:00 a.m. on December 29, 2010, Niclas was found unresponsive by other skiers below the top terminal of the T-bar ski lift, which was within the boundary of White- fish Mountain Resort. The area was not blocked off in any way. Niclas had fallen in a tree well.”
Attorney Mikel L. Moore, who is rep- resenting Whitefish Mountain Resort, has denied the allegations on behalf of the resort and demanded a jury trial, ten- tatively scheduled for Nov. 30.
Officials with Whitefish Mountain Resort on Big Mountain have previ- ously said the lawsuit was groundless and that they intended to “defend it
vigorously” in court.
“Our answer is consistent with com-
ments made soon after the complaint was filed, and that is that we believe the law- suit is without merit and we intend to vig- orously defend this case through trial if necessary,” Moore said. “Our answer is in line with that path that we have chosen.”
According to the company’s response to the complaint: “Plaintiffs’ injuries and damages were caused by the inherent dangers and risks of skiing and they are obligated to accept full legal responsi- bility for their injuries and damages and their recovery is barred.”
The plaintiffs allege that the area in which Waschle was skiing was not restricted or blocked off in any way, nor were any warning notices posted regard- ing the dangers of tree wells on or adja- cent to the trail.
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SEPTEMBER 23, 2015 // FLATHEADBEACON.COM