This is an archived article that was published on sltrib.com in 2017, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
A judge has dismissed a lawsuit filed by three Utahns who alleged Snowbird Ski & Summer Resort's failure to adequately control the sale of alcohol led to their attack by drunken Oktoberfest patrons.
Third District Judge Matthew Bates scheduled a Tuesday hearing to learn why the case was not being pursued, according to the court docket. When none of the parties appeared, he dismissed the suit with prejudice, meaning it cannot be refiled.
The lawsuit, filed in September 2015, alleged Brent Anderson; his wife, Laura Anderson; and her 23-year-old son, Thadius Grzeskiewicz, were beaten during the 2014 Oktoberfest by three intoxicated men 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 suit.
The family claimed in the suit the ski resort gave too much alcohol to the men and was negligent for not maintaining a safe environment.
In March 2016, 3rd District Judge Heather Brereton ruled all of the suit's claims arose out of the men's intoxication and that the plaintiffs could not sue the resort for negligence. That decision limited the suit to claims under Utah's Alcoholic Product Liability Act that Snowbird was responsible for giving the intoxicated men too much alcohol.
Two months later, Snowbird filed a third-party complaint against each of the three men alleging their "negligent conduct" had forced the resort to defend itself in a lawsuit. The complaints also said the injuries claimed by the plaintiffs were a result of the men's negligent conduct, and not conduct of the resort.
Without admitting any wrongdoing, the complaints said that if Snowbird were found liable for the conduct or fault of anyone other than Snowbird, the resort was asserting the right to recover damages from them.
The three men each were charged with three counts each of third-degree felony assault, as well as misdemeanor counts of intoxication and disorderly conduct. They each pleaded guilty to reduced counts of either riot, attempted riot or assault, and each was sentenced to probation and three days in jail.
Twitter: @PamelaMansonSLC