ELKINS – Snowshoe Mountain has been named in two federal lawsuits, one alleging bed bugs at the resort and another regarding an accident involving a ski lift.
In the first complaint, filed by Peter C. Alfano II and wife Crista S. Alfano of Leesburg, Va., the couple blames the willful and reckless conduct of Snowshoe Mountain Inc. caused an active bed bug infestation that left their units unsanitary and unfit for human habitation.
The couple and their three children stayed at the resort in early December 2020 and paid a total of $1,920.20. They arrived December 3, and Crista Alfano says she noticed scores of insect bites across her shoulders, upper back and chest area on December 4. She then went to inspect the master bedroom of Black Bear 20 and captured a bed bug in the seam of the mattress.
A Snowshoe representative offered to move the family to the connected and adjacent rental property of Black Bear 19, which was the only available unit within walking distance. The representative also told the family to run their personal items through the clothes dryer to kill any remaining bed bugs or eggs.
They say using the dryer on certain items resulted in loss or damage. Those items included two children’s shirts, an adult pair of shoes/slippers and some ski clothing.
In addition, they say the bed bug situation worsened in Black Bear 19. They decided to leave the resort ahead of schedule on December 6.
When they returned to Virginia, “the bites became red welts typical of inflamed bed bug bites, and progressively worsened, becoming intensely itchy and painful and causing a rash.”
Crista Alfano says she also suffered psychological effects, including trouble sleeping, chronic fatigue, paranoia and anxiety. She says she still suffers from paranoia, psychosomatic symptoms and nervousness and anxiety about travel. Peter Alfano says he suffered harm to his mental health, including paranoia, psychosomatic symptoms and trouble sleeping as he saw the effects of the bed bugs on his wife.
In April 2021, Crista Alfano found new bite marks. An inspection of their home found signs of a recent infestation. The exterminators’ report said “bed bugs take 10-12 weeks to reach this size” and “before a bed bug begins to feed they go through an initiation process making itself at home first before feeding. This time frame is about 2-4 months.”
The heat treatment and insecticide spraying for the Alfano home cost more than $2,000.
They accuse Snowshoe Mountain of battery, fraud, intentional and negligent infliction of emotional distress, gross negligence, violating the Virginia Consumer Protection Act, breach of contract and implied warranty of habitability.
The Alfanos seek compensatory, consequential, general, treble and punitive damages as well as attorney fees, court costs, pre- and post-judgment interests and other relief. The Alfanos are representing themselves. Peter Alfano is a partner at Squire Patton Boggs in Washington, D.C.
In the second complaint, filed by Amy and Matthew Collier of Louisville, Ky., the couple blames Snowshoe and other entities for injuries Amy Collier sustained when she exited a ski lift.
Amy Collier was riding the Powder Monkey ski lift on January 9, 2021. When she disembarked the ski lift chair, she says the unreasonably high speed of the lift slammed the chair into her from behind before she could move out of the way.
“The collision with the ski lift chair caused wife plaintiff to violently slam face first into the snow, landing on her right knee,” the complaint states. “The fall caused wife plaintiff’s right knee to go in one direction while her right ski went in the opposite direction.”
Amy Collier suffered a partially torn ACL and completely torn MCL, fracture of the fibular head, partially torn meniscus, bruises, contusions and other nerve, muscle, bone, tendon, ligament, tissue and vessel injuries as well as nervousness, emotional tension, anxiety and depression.
She says she has endured pain and suffering, inconvenience, embarrassment, mental anguish, emotional and psychological trauma as well as monetary expenditures for medical care. She also says her general health, strength and vitality has been impaired, has surgical scarring, has sustained lost earnings and earning capacity and has lost the ability to enjoy various pleasures of life she previously did.
Amy Collier accuses the defendants of negligence, and her husband blames them for loss of consortium. They seek compensatory damages, court costs, attorney fees, interest and other relief. They are being represented by Chad P. Shannon of Friday & Cox in Pittsburgh.
The other defendants listed in the Collier complaint are Alterra Mountain Company, Alterra Mountain Company U.S., Intrawest Showshoe Development, KSL Capital Partners, KSL Capital Partners Co Fund GP, KSL Capital Partners II GP, KSL Capital Partners III GP, KSL Capital Partners IVGP, Henry Crown and Company and Henry Crown and Company S.
U.S. District Court for the Northern District of West Virginia case numbers 2:22-cv-00021 (Alfano) and 2:22-cv-00022 (Collier)