The attorneys who sued Vail Resorts Thursday say anyone who had a pass or lift tickets and tried to ski during the strike can join the class action suit.
But not quite yet. First, a judge must decide whether the class action lawsuit can proceed in a process called class certification.
Attorney Daniel Tarpey expects it to be an “arduous” and “long procedural fight.”
He and co-counsel have to prove there are enough skiers that may have been harmed in the same way during Park City Mountain’s recent strike to justify class action.
“At the end of the day, everyone faced the same exact thing, and that was that Vail misled them as to what the conditions were going to be there, what they were paying for, as of Dec. 27,” Tarpey said.
Following class certification, federal law requires a notice to go out to people who might qualify for compensation.
After ski patrollers and mountain safety staff walked off the job during contract renegotiations, asking for better pay and benefits, Park City Mountain’s terrain was limited. Guests complained about long lines, and others poached closed terrain.
The lawsuit claims Vail is liable under Utah’s consumer fraud law.
Much like a CNBC commentator who weighed in about Vail’s stock value, Tarpey skied Park City Mountain during the 13-day strike.
“For the first time in my legal career, I watched a cause of action unfold in front of my eyes,” the Chicago-based attorney who lives part-time in Park City said. “I recall I was riding single. I remember going up Silverlode [Express]. I waited for 58 minutes in the singles line. They had posted that the wait was 22 minutes.”
Speaking on KPCW’s “Local News Hour” Jan. 10, Tarpey expects Vail’s attorneys to point to the waiver skiers sign when they purchase a pass.
Park City Mountain’s policies state lift tickets are usually non-refundable and guests forfeit the ability to sue. The policies explicitly forbid class action lawsuits.
And if they do sue, “all lawsuits relating to or arising out of these terms will be brought in the Federal or State Courts located in Colorado.”
Tarpey and the other attorneys from Tarpey Wix, Meyers & Flowers and the Spence Law Firm are suing in Utah.
“We believe that a court here in Utah is going to step up and say we have the responsibility to protect the rights of those who come to Utah for an experience and don't get the experience that they're promised here in Utah,” Tarpey said.
The matter is on Judge David Barlow’s desk in the state’s U.S. District Court. Vail Resorts has yet to file a formal response and said it was unable to comment on pending litigation.
After the strike ended Jan. 8, the company’s Mountain Division President Bill Rock apologized to “guests who were impacted by this strike” and thanked employees “who worked hard to keep the mountain open and operating safely over the past two weeks.”
