The children of New Jersey father Jason Varnish, who an attorney says died in an “unnecessary and preventable tragedy' in Colorado three years ago, have settled with Vail Ski Resort.
"A rubber bumper attached to the chair seat frame, which is normally covered when the seat is in the down position, caught on Mr. Varnish’s jacket, entangling his jacket with the chair," the statement continued."The chair began to rise out of the lower terminal, and Mr. Varnish was lifted off his feet by the chair."
"Unfortunately, Mr. Varnish’s jacket constricted his ability to breath, and he died of positional asphyxiation," it said, echoing the diagnosis reached by Eagle County Coroner Kara Bettis. The law firm said Vail"maintained that the waiver and release provisions included on a ski pass and in documents signed to obtain a ski pass or equipment rental barred the Complaint filed by the Varnish children and any recovery." Colorado Ski Safety Act"It is also time for the Legislature and Courts to stop allowing the ski industry to feel fully insulated from any liability through the use of waivers of liability for things that clearly are not inherent risks of skiing.
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