This is an archived article that was published on sltrib.com in 2010, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Three years ago, Laurie Seal-Coles and her husband, Jason, were building a life as up-and-coming attorneys after graduating from Brigham Young University's law school.
The couple celebrated the birth of a daughter, Lily Brynn, and bought a home in Park City, where Jason frequented a wide selection of ski runs to practice the sport he had loved since childhood.
Then came Dec. 17, 2007.
As Jason Coles, 36, skied down a hill on an intermediate run at Canyons Resort in Park City, he met a sharp curve where the resort's Lower Crowning Glory and Showcase trails intersect. He missed the turn and hurtled over a drop-off and into a tree.
A ski buddy contacted authorities after Coles failed to meet him at the place they designated, and his body wasn't found until two hours later.
The death shattered a young family's future plans, and Seal-Coles filed a wrongful death suit in U.S. District Court alleging Canyons Resort could have prevented her husband's accident by posting signs or ropes to warn skiers of the sharp drop-off and curve her husband wasn't able to navigate.
"The unmarked, merging trails, sharp turn and drop-off without warning signs, roping or fencing caused Mr. Coles to ski over the edge and collide with a tree," the lawsuit states. "[The Canyons Resort] should have known that failing to warn, rope and fence off the hazardous situation could result in injury to its skiers."
A federal judge dismissed the case earlier this month after a dispute arose about whether the court had jurisdiction to hear the case, because Seal-Coles juggled time between Utah and New York at the time of the filing. Judge Tena Campbell found the federal court lacked jurisdiction to hear the claim.
But the case is far from over.
John Holt, the Salt Lake City attorney representing Seal-Coles, said it's likely a wrongful-death lawsuit will soon be filed in state court. There is also an appeal of Campbell's dismissal to the U.S. 10th Circuit Court of Appeals.
Attorneys for Canyons Resort deny any liability, according to federal court documents. A spokeswoman did not return a phone call seeking comment on whether the resort has made any safety changes in the wake of Coles' death.
A medical examiner's report found Coles died of injuries to his liver and heart. The Summit County Sheriff's Office ruled the death accidental.
After Coles' death, relatives said that he was an experienced skier with the latest safety equipment. Coles owned three helmets and offered to lend them to friends and family when skiing. He was wearing a helmet the day of the accident.
That vigilance could play a factor in the case — which joins a host of other negligence suits filed against Utah resorts.
The topic of ski litigation has been controversial in Utah, with ski resorts fighting off negligence lawsuits, claiming waivers that skiers sign acknowledging that skiing is a risky sport should preclude resorts from answering to negligence claims filed when skiers are hurt or killed while on resort property.
The issue ended up in the Utah Supreme Court in December 2007, when two days after Coles' accident, the high court ruled resorts' waivers can't prevent injured skiers from suing them for negligence. The court ultimately ruled that barring negligent-death suits is not in the best interest of society.
The opinion stated that the Utah Inherent Risks of Skiing Act was meant to protect ski resorts from being sued over dangers routinely involved in the sport — allowing resorts to obtain more affordable insurance. The justices ruled the act still holds resorts accountable for negligent acts.
The high court heard the case following a lawsuit from a Utahn who sued after being seriously injured on the slopes at Snowbird Ski & Summer Resort in February 2003.
William Rothstein, who calls himself an "expert skier," suffered 12 broken ribs, a decimated kidney, a bruised heart, a damaged liver and a collapsed lung after slamming against a retaining wall off the Fluffy Bunny run at Snowbird. His negligence lawsuit against the resort claimed the wall was covered with snow and unmarked.
Snowbird denied any fault and said Rothstein skied off a track marked with a rope line used as a warning to skiers. The resort's attorneys pointed out that Rothstein signed a waiver when he bought two ski passes. The waiver meant Rothstein signed away his ability to sue the resort for negligence, they argued.
A 3rd District judge sided with the resort in a 2006 decision and dismissed Rothstein's suit. He appealed, however, and the Supreme Court took up the issue. The high court's ruling revived the personal injury case, which is scheduled for a mediation hearing before Judge Paul Kennedy on Jan. 21 — and set the stage for future negligent lawsuits to be filed against resorts.
Whether Coles acknowledged his skiing risks with a waiver is another issue that could come up in Seal-Coles' lawsuit.
Holt has declined to say how much money Seal-Coles will be seeking in her lawsuit.
Life since her husband's death hasn't been easy for her, Holt said.
With her daughter only 9 weeks old at her husband's funeral, Seal-Coles, on maternity leave at the time of the accident, packed up her belongings to head for Pittsford, N.Y., to rebuild her life.
She sold her Park City home on a short sale in the middle of the housing market crash, unable to make payments without her husband's income. She surrounded herself with her husband's family and found support, but her plans to start over in the state where she'd formerly lived with her husband didn't pan out as she envisioned.
Seal-Coles contracted an illness from an H1N1 flu vaccine in 2009 while visiting her parents in St. George, leaving her with neurological dysfunctions that have prevented her from returning to New York. Instead, she relies on family in Utah as she deals with health issues, court documents state.
Holt said his client wants to hold the resort accountable for her husband's death — not only for the sake of her family but also so that others won't have to go through the grief she has experienced.
"This has changed her life," he said.