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A Utah judge on Monday limited the scope of a lawsuit filed against Snowbird Ski & Summer Resort by a Utah family that — after an altercation with inebriated Oktoberfest patrons — alleged the resort does not adequately control the sale of alcohol during the annual event.
The lawsuit, filed in September in 3rd District Court, stems from an incident during the 2014 Oktoberfest in which plaintiffs Brent Anderson; his wife, Laura Anderson; and her 23-year-old son, Thadius Grzeskiewicz, were allegedly beaten by a group of drunken patrons after riding the tram to the top of Hidden Peak.
Brent Anderson suffered head and eye injuries, his wife suffered a serious ankle injury that required surgery and Grzeskiewicz suffered a head injury, according to the lawsuit.
The family asserts that the ski resort gave too much alcohol to the three men who assaulted them, adding that the resort was negligent in maintaining a safe environment for Oktoberfest patrons.
But 3rd District Judge Heather Brereton ruled Monday that the plaintiffs could not sue for negligence, saying that all of their claims arose out of the men's intoxication.
Snowbird's attorney Mark Anderson argued in court that the negligence claims must be dismissed because they are pre-empted by Utah's Dram Shop Act — which imposes strict liability for establishments that sell alcohol to visibly intoxicated persons who subsequently cause death or injury to third parties. It also limits the damages that can be sought when a patron is overserved and then causes injury.
But the family's attorney, Alex Evans, argued that the negligence claims have nothing to do with whether the ski resort gave too much alcohol to the assailants. The family had alleged in the lawsuit that Snowbird was negligent when it allowed individuals who were intoxicated to ride the tram with families and small children, and that the ski resort failed to maintain order and left supervision of the tram and its passengers to a "petite young woman" who did not have the ability to maintain order.
"It's their duty, basically, to maintain a safe environment," Evans argued. "Which includes providing security, and not letting people who are overly intoxicated go up in a small box with families and children to a mountainous area where they are cut off from their normal ability to protect themselves."
Evans said outside of court that the judge's ruling does not toss out the whole case, but limits the lawsuit to addressing only whether Snowbird was responsible for giving the intoxicated men too much alcohol. The judge's ruling also caps the amount of damages that the family could collect to $2 million, Evans said.
"It's not the end of the road for this case," he said, adding that the lawsuit illustrates a growing concern about whether the ski resort's Oktoberfest is getting out of hand.
Dave Fields, vice president of resort operations, said the event has been mostly safe. He said he was pleased with the judge's decision Monday.
"We feel like the safety record of the event speaks for itself," Fields said. "We have held the event for over four decades and this is the first incident of its type that has happened at Oktoberfest. We feel like it's a great event for families up at Snowbird."
According to the lawsuit, the Andersons, along with Grzeskiewicz, his wife and their 4-month-old son, were waiting to board the tram on the evening of Sept. 21, 2014, when seven to nine people arrived carrying steins of beer. The group smelled of alcohol, were swearing loudly and were "physically intimidating," according to the suit.
Brent Anderson politely asked the group to temper the language because families with children were present, the lawsuit says.
Snowbird personnel did nothing but direct the group members to finish their drinks or pour them out before boarding the tram, the lawsuit claims, and "most of the individuals quickly gulped their beers" before they ascended Hidden Peak on the tram.
Once on the peak, the intoxicated group began harassing the Anderson family, according to the lawsuit, and one man "sucker-punched" Brent Anderson and pushed and assaulted his wife when she tried to stop the beating. They also injured Grzeskiewicz, the lawsuit claims.
Three of the intoxicated men, then ages 22, 24 and 32, were charged in 3rd District Court with three counts each of third-degree felony assault, as well as misdemeanor counts of intoxication and disorderly conduct.
The men have each pleaded guilty to reduced counts of either riot, attempted riot or assault, and each has been sentenced to probation and three days in jail.