A family from the United Kingdom and a family friend who was with them at the time of last winter's Excalibur Gondola accident are suing Whistler Blackcomb (WB) and lift manufacturer Dopplemyr seeking damages for the injuries and trauma they suffered when Tower 4 collapsed last December.
In seven separate writs to be filed in B.C. Supreme Court, the six members of the Hargrave family and family friend Daryl Diggons allege negligence on the part of the defendants in the gondola's collapse, which occurred on Dec. 16, 2008.
Twelve people - including Diggons and Christopher, Bradley, Jessica and Rebecca Hargrave - were injured when the gondola car in which they were riding at the time struck a nearby bus shelter, the suits allege. Christopher Hargrave's injuries are described as "soft-tissue" and "injuries to neck, back and head," while the others' injuries are described as soft-tissue injuries.
None of the injuries suffered by those involved in the gondola tower collapse was considered serious at the time. A total of 53 people were rescued from the gondola cars left suspended between towers 3 and 4 by the incident.
All of the plaintiffs - including parents David and Mandy Hargrave, who were not inside the gondola cars affected by the tower collapse but rushed to the scene after hearing of the accident - suffered some form of psychological trauma including depression, nervous shock, nightmares and anxiety as a result of the incident, the suits allege.
Of David and Mandy Hargrave, the suits claim, "When the plaintiff arrived at the scene, (he/she) could see the gondola car in which the Hargrave children and Daryl were trapped leaning precariously on top of the bus shelter and (he/she) was helpless in trying to save Daryl and the Hargrave children.
"As a result of the negligence of the defendants, the plaintiff has suffered nervous shock."
Nancy Wilhelm-Morden, the Whistler-based lawyer who is acting on the plaintiffs' behalf, said Jessica and Rebecca Hargrave are teenagers, while Diggons and the two older Hargrave children are young adults.
An investigation by WB, Dopplemyr and B.C. Safety Authority officials concluded that Tower 4 snapped off as a result of something called "ice jacking," in which water that had seeped inside the hollow tower froze and expanded, causing the tower to sheer off and collapse. WB officials have since upgraded maintenance procedures to include regular checks to prevent similar incidents in the future.
The suits allege that at the time of the incident, the defendants - Dopplemyr, Intrawest, Blackcomb Skiing Enterprises Ltd. and Whistler Mountain Resort Ltd. - failed to instruct crews to properly maintain the lift "when they knew or ought to have known that their failure to do so would lead to injury or death of the person or persons traveling in the Excalibur."
In a statement issued on Friday (Sept. 25), WB officials said that while it's not their policy to comment on pending litigation, they wished to clarify a few points with regard to the Excalibur incident.
"Whistler Blackcomb would like to once again express its sincere concern and sympathy to those who were involved in the Excalibur Gondola tower incident on Dec. 16, 2008. The incident was very serious and we are thankful that the injuries for the most part were not more serious. We want to see any claims arising from this incident resolved fairly and expeditiously," the statement read.
"Immediately after the incident Whistler Blackcomb, together with all Intrawest resorts, completed a comprehensive safety inspection of the company's entire lift network and has confirmed this was, in fact, an isolated incident. These safety inspections followed the guidelines set forth in the Safety Bulletin issued worldwide by the lift manufacturer after the incident.
"Whistler Blackcomb operates one of the most comprehensive lift systems in the world, with 38 lifts, some operating for up to ten months of the year. Guest and employee safety is our top priority, and we continue to ensure that the highest safety standards are adhered to at all of our resorts."
A statement of defence must be filed within 14 days of the court filing. Statements of claim contain allegations that have not yet been proven in court.
