Widower Sues Granby Ranch, Alleges Employees Knew Chairlift To Be Unsafe
The widower of Kelly Huber, killed in a chairlift accident at Granby Ski Ranch has issued proceedings against the resort alleging that it was known that the lift was defective.
The resorts has recently been put of for sale by Marise Cipriani, saying "It hasn't been easy, but on the other hand, it's been very rewarding. I love the vision of it. I really can see that somebody can take it now to the next level," she said. "Granby Ranch has to exist beyond me."
The pleadings are here:
https://localtvkdvr.files.wordpress.com/2017/12/granby-ski-lift-lawsuit.pdf
In summary they say:
Kelly Huber and her daughters were skiing at Ski Granby Ranch on December 29, Kelly Huber was killed and Ashley Huber and Taylor Huber were severely injured when theQuick Draw Express ski lift they were riding on malfunctioned and ejected them to the hard-packed snow twenty-five feet below.
The Quick Draw Express Lift is designated as “SC-008” by the Colorado Public Tramway Safety Board. It is a detachable quad lift built in 1999 by Leitner Lifts. The Quick Draw Express ski lift has a slope length of 4,360 feet and a vertical rise of 837 feet with 14 towers and a line gauge of seventeen feet five inches (17’5”).
The Quick Draw Express ski lift has been licensed to operate in the State of Colorado since December 9, 1999.
Quick Draw Express was designed for a capacity of 2,400 passengers per hour at the design speed of 1,100 feet per minute in a clockwise rotation, but had a current tested capacity of 1,800 passengers per hour at all times material to this case.
At all times material to this case, the Quick Draw Express included a top fixed drive chairlift using an Electric Prime Mover (electric drive that moved the chairs with skiers and snowboarders up the mountain).
At all times material to this case, the Quick Draw Express had 67 four-passenger carriers or chairs.
At all times material to this case, the Defendant exercised significant control over the safety and well-being of Kelly Huber, Ashley Huber and Taylor Huber while they were passengers on the Quick Draw Express ski lift at Ski Granby Ranch.
As passengers on the Quick Draw Express, Kelly Huber, Ashley Huber and Taylor Huber were relatively powerless to secure their own safety under the circumstances.
The event that killed Kelly Huber and severely injured Ashley Huber and Taylor Huber is of the kind that ordinarily does not occur in the absence of negligence.
On information and belief, sometime in early 2016, the Defendant contacted an individual named Ed Thompson, who worked for a company called Electramic Associates – Ski Resort Specialties, to discuss replacing the control system and electric drive on the Quick Draw Express.
On information and belief, Ed Thompson contacted an engineer named Josef Gmuender to provide engineering services for the Quick Draw Express project.
On information and belief, issues subsequently arose concerning the Defendant’s financial ability to replace the control system and electric drive on the Quick Draw Express.
On information and belief, Ed Thompson informed the Defendant sometime in mid-2016 that there was insufficient time to complete the planned system upgrade project. At that time, the Defendant decided to change only the electric drive portion of the planned control system upgrade.
On information and belief, Electramic Associates performed work to replace the electric drive on the Quick Draw Express at Ski Granby Ranch between November 28, 2016, and December 4, 2016. Specifically, that work consisted of:
a. Replacing the original 1999 digital DC electric drive with an ABB DCS-800 digital DC electric drive;
b. Adding an interface controller between existing low voltage controls and the new electric drive with the intention of adding “safety functions” for both electric and auxiliary operations of the Quick Draw Express;
c. Fine-tuning to set parameters in the new electric drive that controlled how the drive interacted with the electric motor that drives the Quick Draw Express; and
d. Routine maintenance of the electric motor off-site.
On information and belief, Josef Gmuender arrived on site on December 1, 2016, to assist with the interface of wiring between the new electric drive and the existing controls.
Following the completion of this work, the Quick Draw Express upgrade was tested for acceptance and approved by representatives of the State of Colorado on or about December 5,
2016. At the same time, an annual licensing inspection was conducted on the Quick Draw Express on December 5 and 6, 2016.
The State of Colorado issued a license to operate the Quick Draw Express ski lift to the Defendant on December 15, 2016, and the ski lift was opened to the public that same day.
UNSAFE CONDITIONS ON QUICK DRAW EXPRESS BEFORE 12/29/16
On information and belief, after the Quick Draw Express license was issued and after the upgraded ski lift started to operate, passengers on the Quick Draw Express experienced unsafe riding conditions and reported these conditions to representatives of the Defendant. Specifically, two engineers (Marco and Jennifer Aieta) who owned a home at Granby Ranch were skiing at Ski Granby Ranch a week before December 29, 2016, and raised concerns with representatives of the Defendant about problems with the Quick Draw Express chair lift. More specifically, they described an “intense, high amplitude swinging and bounce [that] was way out of the ordinary and appeared to be a change in operational procedure to speed skier transport.” This swinging and related vertical bounce were so significant that it was necessary to “hold onto something” to stay on the chair.
Another individual, Soonie Suh, had taken her children skiing at Ski Granby Ranch the Monday (December 23rd) and Tuesday (December 24th) before Kelly Huber’s fall and death. Suh noticed that the Quick Draw Express lift “stopped and swayed often” and the swaying “would sometimes take her breath away.” Suh experienced the Quick Draw Express speeding up and slowing down, causing many guests to have difficulty exiting the lift at the top. On one of her trips up the Quick Draw Express, Suh and her son sat next to a Ski Granby Ranch employee wearing a “Managing Director” name tag. When her son shared his concerns with this employee about the stopping and swaying on the Quick Draw Express lift, the employee assured them the lift was fine.
Despite this knowledge of unsafe conditions, the Defendant did nothing to immediately shut down the Quick Draw Express, determine what was wrong with the Quick Draw Express, and eliminate the factors that contributed to these unsafe conditions.
The Defendant’s knowledge of hazardous conditions on the Quick Draw Express before December 29, 2016, its awareness of the danger to its guests if it failed to do anything about those hazardous conditions, and its failure to respond to the concerns of its guests about the safety of the Quick Draw Express before December 29, 2016, constitutes gross negligence.
WHAT HAPPENED ON DECEMBER 29, 2016
On the morning of December 29, 2016, at 9:07 a.m., Ski Granby Ranch employee and Upper Lift Operator Sarah Merritt noticed that the Quick Draw Express lift “stopped unusually fast.” When she looked at the computer monitor for the Quick Draw Express, she saw no information about the stop. Merritt could not restart the lift, so she called for a mechanic. Ski Granby Ranch employees Blake Langolf and Andy Birch (mechanic) arrived to assess the Quick Draw Express lift. Andy Birch discovered an F-71 fault on the monitor for the electric drive and restarted the Quick Draw Express chairlift.
On the morning of December 29, 2016, Kelly Huber and her daughters boarded Chair Number 58 on the Quick Draw Express Chair Lift at Ski Granby Ranch. Kelly was seated in the middle of the chair and her daughters were on either side of her. When the Hubers boarded Chair No. 58, the weather was partly cloudy, temperatures were around 30 degrees F., and wind speeds were less than five miles per hour.
EYEWITNESSES TO TRAGEDY AT SKI GRANBY RANCH
At all times material to this case, Jordan Schwartz was employed by Ski Granby Ranch Ski Patrol. As the Huber family boarded Chair No. 58, Schwartz was riding immediately in front of them in Chair No. 57. As he ascended ahead of the Huber family, Schwartz noticed a quick stop and start, and then his chair experienced a big vertical sway and bouncing. Schwartz noticed an increase in vertical movement, heard a “thunk,” and felt a rattle/vibration through the wire rope line that carried the chairs. He turned around and saw three people falling from Chair No. 58 as it swung horizontally. Schwartz saw Kelly Huber holding Ashley Huber in an attempt to protect her young daughter from the impact with the ground. Schwartz could only see one of the children moving after the fall. Schwartz immediately radioed Dispatch at Ski Granby Ranch to notify them of the fall and then proceeded to lower the bar on Chair No. 57. Schwartz observed other members of the Ski Patrol arrive at the scene of the fall and saw several bystanders stop and render aid to the Huber family.
Zach Pappas was riding in Chair No. 59. He described Chair No. 59 as swaying back and forth so violently that “we almost came off the track.” Pappas said Chair No. 59 “came within inches” of striking the tower. Pappas said the pulse that impacted his chair transferred to Chair No. 58, which was “swaying incredibly hard” and hit the tower. Pappas saw Kelly, Ashley and Taylor Huber “hit directly on their heads” when they hit the ground. Significantly, Zach Pappas told authorities that he had been skiing at Ski Granby Ranch the past few weeks and “had experienced very aggressive stopping of the lift and swinging back and forward while riding that lift [Quick Draw Express].”
Rory Jones was riding in Chair No. 59 immediately behind the Huber family. Jones’ chair began to sway violently and swung at least 30 degrees and nearly hit a tower before the Huber family was ejected from Chair No. 58. Jones’ chair stopped after the tower. Five to ten seconds later, Chair No. 58 began shaking violently, hit the tower, and the Huber family fell to the ground. Jones saw Ashley Huber land on top of Kelly Huber. He saw Taylor Huber land on her left side. Only Ashley Huber moved after all three fell. Jones and the other occupants of his chair yelled at Ashley to stay down and yelled at everyone to find help for the Hubers and stop the Quick Draw Express lift.
Thomas Jones was riding in Chair No. 59 immediately behind the Huber family. His chair also nearly hit a tower. Thomas Jones saw Chair No. 58 hit Tower 5, then saw the Hubers ejected from the chair and fall to the ground. Thomas Jones heard one of the Huber daughters yelling, “Don’t let her die!” At approximately 9:44 a.m., Thomas Jones captured video footage and a photograph of the aftermath depicting the conditions immediately after the Huber family fell from Chair No. 58.
Glenn Samola was riding in Chair No. 59 immediately behind the Huber family. Like Rory Jones, he experienced their chair starting to swing drastically, at least 45 degrees. He saw the Hubers’ chair hit Tower 5 and the Huber family fall to the ground. Samola also noted that the lift operator kept starting and stopping the lift.
Katharine Aarnio and Brent Aarnio were riding in Chair No. 60 behind the Huber family. As their chair started up the Quick Draw Express, “we started to bounce that turned into heavy swaying back and forth.” Katharine Aarnio had never felt such swaying on a chairlift. She described their chair as almost hitting a tower before the Hubers hit Tower 5. She saw the Hubers hit Tower 5, get ejected from Chair No. 58, and fall to the ground. Brent Aarnio said their chair was swaying so severely that their gear made contact with the Tower, but not their chair. The Aarnios heard screaming after the Hubers fell and they started to scream for help for the Hubers.
According to Ski Granby Ranch employee and Upper Lift Operator Sarah Merritt, the incident where Chair No. 58 struck Tower 5 caused a fault that abruptly stopped Quick Draw Express lift.
TRAGEDY AT 9:42 A.M.
The Black Box recording for the Quick Draw Express shows the Tower 5 fault occurring at 9:30 a.m. On information and belief, this recording is off by approximately 12 minutes, indicating that Chair No. 58 struck Tower 5 at approximately 9:42 a.m.Other witnesses noted that the Quick Draw Express chair lift had started and stopped before the chairs started violently swinging side-to-side at a dramatic angle.
Jason Zerrer was on the ground at Ski Granby Ranch when he heard a metal mechanical sound from the Quick Draw Express, looked over, and saw the Hubers falling the last10-15 feet after their ejection from Chair No. 58. Jason Zerrer immediately responded to the scene and noted that Kelly Huber was unresponsive and Taylor and Ashley Huber were complaining of back and leg pain.
The force of impact from a twenty-five foot fall was so powerful that it cracked the helmet worn by Taylor Huber.
INVESTIGATION – COLORADO PUBLIC TRAMWAY SAFETY BOARD
On April 13, 2017, Joe Gmuender sent an email to Lawrence Smith of the Colorado Public Tramway Safety Board (“PTSB”). In his email, Gmuender identified the “service brake control system” as a possible cause of the failure of the Quick Draw Express on December 29,
Gmuender identified the service brake modulation function as possibly not operating properly, which “could possibly introduce a pulse of energy into the haul rope that could be magnified by the dynamic response of the ropeway and drive system.” Gmuender also noted two discrepancies in the brake regulator fault function and the timer relay function.
The Colorado Public Tramway Safety Board (“PTSB”) conducted an investigation into the circumstances that caused the Quick Draw Express malfunction and resulting death of Kelly Huber and severe injuries to Ashley Huber and Taylor Huber. The PTSB issued a Final Investigation Report on May 10, 2017. In its Report, the PTSB concluded that “there was no outside influence of energy, i.e., wind, tree contact or other force inducing additional energies into the cable system, and indicated there was no passenger misconduct.”
The PTSB Final Investigation Report also noted that a witness had noted a “noticeable increase in dynamic cable movement [on the Quick Draw Express] during the first ten days of this season” at Ski Granby Ranch; and “the line was much more dynamic than in the previous ten years…” These dynamic movements “occurred along the entire line” and “were reported to area representatives.”
The PTSB site investigation at Ski Granby Ranch confirmed that Chair No. 58 made contact with Tower 5. When the PTSB Investigative Team attempted to replicate the events that caused Kelly Huber’s death, they noted that “carrier swing between Towers 3 and 4 became so violent that the test was stopped before the lift was damaged. After load repositioning, the test was repeated with rapid speed changes and yielded similar results. Tests were suspended for the day.” Subsequent testing also resulted in significant carrier swing at the lower terminal.
The PTSB Investigative Team concluded that Chair No. 58 collided with Tower 5 at an angle approximately 40 degrees from horizontal. The Investigative Team concluded “there was no passenger misconduct on the lift, Carrier 58 did not collide with an external fixtures to cause it to swing into Tower 5 and the weather conditions were not a factor.”
The PTSB Investigative Team concluded that the electric drive modifications and rapid changes in the lift speed were both contributing factors to the tragic event that killed Kelly Huber and injured Ashley Huber and Taylor Huber.
The PTSB itself concluded that the performance of the new electric drive was the primary cause of this tragedy. Significantly, the PTSB Investigative Team “remains steadfast in its opinion that the existing configuration of the electronic drive and the original, pre-modified low-voltage system were unsafe for public operation.”
The Defendant’s negligence created an unreasonable risk of physical harm and caused both Ashley Huber and Taylor Huber to be put in fear of their own safety.
The Defendant owed Kelly Huber, Ashley Huber and Taylor Huber the highest duty of care as a Colorado Ski Lift Operator while operating the Quick Draw Express ski lift at Ski Granby Ranch on December 29, 2016.
The Defendant, through its employees, supervisors, managers, owners and operators, failed to exercise the highest duty of care by:
- Failing to properly design the modifications to the Quick Draw Express before opening it to the public on December 16, 2016;
- Failing to properly construct the modifications to the Quick Draw Express before opening it to the public on December 16, 2016;
- Failing to properly maintain the Quick Draw Express before and after December 16, 2016, including failure to identify the cause of problems reported to the Defendant prior to December 29, 2016;
- Failing to properly operate the Quick Draw Express on December 29, 2016;
Failing to immediately shut down, properly inspect and repair known problems with the Quick Draw Express prior to December 29, 2016.
As a direct proximate result of the Defendant’s failure to exercise the highest duty of care, Kelly Huber suffered injuries and damages resulting in her death.
At all times material to this case, the Defendant was in violation of one or more provisions of Colorado law, including, but not limited to, Colo.Rev.Stat. § 25-5-716.
Colo.Rev.Stat. § 25-5-716 states that if an unreasonable hazard exists in the continued operation of a passenger tramway, the area operator shall immediately follow procedures for an emergency shutdown.
Colo.Rev.Stat. § 25-5-716 was in effect from the moment the modified Quick Draw Express lift was first licensed and applied to the operation of the Quick Draw Express ski lift by Ski Granby Ranch at the time of Kelly Huber’s injuries and death and the time Ashley Huber and Taylor Huber were severely injured on December 29, 2016.
Ski Granby Ranch violated Colo.Rev.Stat. § 25-5-716 by failing to immediately follow procedures for an emergency shutdown when it knew or should have known that the modified Quick Draw Express lift presented an unreasonable hazard in its continued operation.
The purpose of this and other similar provisions is to prevent against the types of injuries, damages, and losses suffered by Kelly Huber, Ashley Huber and Taylor Huber.
The Defendant’s violation of this provision of Colorado law constitutes negligence per se.
Defendant’s violation of the statute set forth above was a direct and proximate cause of Kelly Huber’s injuries and death.
Plaintiff is entitled to damages for the wrongful death of Kelly Huber, as set forth in his Prayer for Relief.
