West Virginia Record

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Suit filed over snow tubing injury

By Kyla Asbury | Jan 9, 2013

CHARLESTON – A couple is suing Snowshoe Mountain, Inc., after injuries were allegedly sustained while snow tubing.

Intrawest Resorts, Inc., was also named as a defendant in the suit.

On Feb. 3, 2011, William Brazell was snow tubing at the Silver Creek Ski Area, which was operated by Snowshoe, according to a complaint filed Jan. 3 in Kanawha Circuit Court.

Brazell claims due to the negligently designed and maintained run and barrier wall, he traveled down the trail at an excessive rate of speed and landed on his head and neck.

An employee met Brazell at the scene, but failed to render first aid, according to the suit.

Brazell claims the employee also failed to contact medical personnel to render appropriate on-site medical aid.

The defendants acknowledged the extremely dangerous conditions at the time of Brazell’s injuries as an announcement subsequently came over the Public Announcement system advising tubing customers to drag their feet, according to the suit.

Brazell claims he was left by the unknown Snowshoe employee and had to walk down unassisted the remaining portion of the hill.

The defendants also further acknowledged the extremely dangerous conditions by radio to all Snowshoe employees that “We have a spinal injury, you might want to close down," according to the suit.

Brazell claims he went to the first-aid station and was transported via ambulance to Pocahontas Memorial Hospital, where he was diagnosed with a cervical fracture, and then transported to the University of Virginia Medical Center for further treatment.

The defendants failed to provide safety instructions; failed to install a catchment feature at the barrier wall; failed to provide and/or render first-aid at the scene of Brazell’s injuries; and failed to properly test and maintain the snow tube trail to ensure safety, according to the suit.

Brazell and h

is wife, Kathy Brazell, are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Anthony J. Majestro and J.C. Powell.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-15

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