Jury rules in favor of Mt. Bachelor, Powdr Corp. in wrongful death suit

Published 10:30 am Tuesday, June 27, 2023

A Deschutes County jury concluded that Mt. Bachelor ski area, and its parent company Powdr Corp., were not negligent in the $15 million wrongful death suit of snowboarder Alfonso Braun, 24, of Bend.

Braun was one of two people who died in tree wells on the mountain on the same day, March 2, 2018. Nicole Panet-Raymond, 18, of Portland, also died when she fell in a tree well that day.

The families of both victims sued in a joint case, alleging Mt. Bachelor knew or should have been aware of the dangers of tree wells following a substantial amount of snow in the weeks leading up to the two deaths. The cases were separated last year. Panet-Raymond’s case remains ongoing. In its decision Friday, the jury found the ski area and its parent company were not “negligent in one or more of the ways the plaintiff claims.”

Documents filed with the Deschutes County Circuit Court in 2020 alleged Mt. Bachelor failed to limit the number of open areas at times when hazards from tree wells were present; failed to adequately inspect for tree wells; failed to adequately monitor the tree wells and assess the risks they presented on an ongoing basis; failed to close areas when hazards from tree wells were present; failed to adequately warn guests of tree well hazards; failed to adequately educate and inform customers of tree well dangers and how to avoid those dangers; and failed to employ enough trained and equipped personnel to safely monitor the area and inform guests of hazards.

According to a report by the Deschutes County Sheriff’s Office, 911 dispatch was called at about 11:58 a.m. on March 2, 2018, in response to a possible buried skier in the tree-lined area near the Northwest ski run. The caller reported that Braun was unconscious and not breathing and that Mt. Bachelor Ski Patrol was on the scene providing CPR.

Ski patrol members found Braun had no pulse, and continued CPR as they transported him down the mountain to Bend Fire & Rescue personnel who determined he was dead at 1:14 p.m., the report said.

The report said Braun had met up with a friend at the top of the Northwest run at 11:30 a.m., and as Braun led the way down the mountain, his friend lost sight of him as they weaved in and out of the trees. Braun was later found head down in a tree well covered in snow with one knee and part of his snowboard visible.

“Braun is an experienced snowboarder, who was wearing proper clothing and safety equipment for the conditions, including a helmet and goggles,” the report stated. “Braun had no injuries and it appeared that he had fallen during the traverse through the trees, falling headfirst into a tree-well…where he got stuck unable to breathe and climb out.”

The death was ruled accidental.

In a statement to The Bulletin on Monday, John Merriman, president and general manager of Mt. Bachelor, stressed the ski area’s continued efforts to educate guests of the inherent risks associated with outdoor recreation.

“Skiing and snowboarding at Mt. Bachelor connects our community to the natural environment in which we live, but also presents inherent risks to those who partake,” Merriman said. “We will continue to educate skiers, snowboarders, mountain bikers, and other people that recreate outside about the inherent risks of outdoor recreation. We hope that our training and educational resources can help our guests enjoy our mountain and experience its natural environment in a safe and responsible manner.”