Lawsuit Filed Against Winter Park After Serious Fall from Explorer Express Chairlift

Texas Man Sues Winter Park After Alleged Fall from Chairlift

A Texas man has filed a lawsuit against Alterra Mountain Company U.S. Inc., Intrawest/Winter Park Operations Corporation, and a lift operator after he reportedly fell off the Explorer Express chairlift at Winter Park in March 2023.

According to the lawsuit, filed on January 2, Arturo Burgueno, an experienced adaptive skier using a “sit-ski,” was allegedly “improperly loaded” onto the chairlift. The fall occurred on March 17, 2023, when Burgueno was reportedly instructed incorrectly on how to load the lift, leading to the accident.

Burgueno’s legal team, Bloch & Chapleau, Cates, Ongert, LLC., claims that the lift operator, Emily Frame, was the only employee overseeing the loading area at the time. The lawsuit states that Frame positioned Burgueno behind the lift’s “load here” line while the lift was stationary, causing him and his equipment to be improperly secured. As the lift passed the first tower, Burgueno fell, resulting in serious injuries that left him hospitalized for weeks.

“Mr. Burgueno’s injuries are catastrophic, and his medical bills have surpassed $1 million to date,” said his attorney, Joseph Bloch. “He has faced a long and difficult recovery, and it remains uncertain whether he will ever regain the high level of physical function he had before this tragic fall.”

The lawsuit accuses Frame of negligence for failing to properly load Burgueno, violating several policies. Additionally, the suit claims that Intrawest did not properly train or supervise its employees. The lawsuit includes several claims for relief, including:

• Negligence (Defendant Frame)
• Negligence (Respondeat Superior) (Defendant Intrawest)
• Negligence Per Se (All Defendants)
• Negligent Supervision/Training (Defendant Intrawest)
• Gross Negligence (All Defendants)
• Extreme and Outrageous Conduct (Defendant Intrawest)
• Premises Liability (Defendant Alterra Mountain Company)

The lawsuit seeks compensation for both economic and non-economic losses, including pain, suffering, impairment, disfigurement, loss of enjoyment of life, mental distress, past and future medical expenses, and lost wages.