Two years after the death of heli-skier Nick Dodov, parents Natalia and Alex Dodov have filed suit against Alaska Heliskiing, which they claim “sought profit above safety” and failed to avoid the fatal avalanche that killed their son.
The Dodovs are seeking an unspecified amount of money.
Dodov, 26, died in a Takhin Ridge avalanche while snowboarding with Alaska Heliskiing in March 2012. Company guide Rob Liberman, 35, of Telluride, Colo., also died in the avalanche.
The Dodovs filed the suit in state court in February. The case moved to federal district court July 16.
The Dodovs claim Alaska Heliskiing’s negligence led to their son’s death and that included: failing to properly assess the snow conditions, failing to make a full disclosure of risk, marketing efforts emphasizing affordability (implying cost-cutting at the risk of safety), failing to exercise the judgment required of a competent guide, failing to provide a second guide, failing to timely execute post-accident procedures and inadequately training clients in avalanche search techniques.
“It is foreseeable that Alaska Heliskiing’s business model encouraged pushing the envelope operationally in order to maximize profit,” the complaint states.
The complaint also alleges Alaska Heliskiing allowed Liberman to guide while he was under the influence and using drugs that “could alter his ability to safely assess snow conditions.”
Liberman’s toxicology report, requested by the State of Alaska and conducted by NMS Labs of Willow Grove, Pa., found THC in Liberman’s blood at 2.8 nanograms per milliliter. According to the lab, levels of THC run between 50 and 270 ng/mL after smoking a joint, and drop to less than five nanograms after two hours.
The report also found “Carboxy THC,” a metabolized form of THC, in concentrations of 16 nanograms per milliliter. Levels of the metabolized compound range from 10 to 101 ng/mL, 32 to 240 minutes after smoking marijuana, according to the report.
Alaska Heliskiing co-owner Sean Brownell said he wouldn’t talk about the lawsuit without consulting his lawyer, Timothy J. Lamb of the Anchorage-based Delaney Wiles, Inc.
“I do believe that pushing forward with a lawsuit and prolonging the pain associated with the event is not very good for the mental health of the Dodovs, or any of us that were involved,” Brownell said.
Alaska Heliskiing must submit a response to the Dodovs’ complaint by Aug. 20.
The Dodovs said they received instructions from their attorney, Mark Choate of the Juneau-based Choate Law Firm LLC, to keep silent on the case.
“At this time we don’t want to make comments and give statements to discuss the matter. We have been advised not to talk about the lawsuit,” Natalia Dodov said.
The Dodovs allege Alaska Heliskiing’s negligence led them to incur bills for emergency transport and hospitalization, and funeral and burial arrangements. The documents also cite general “economic losses.”
The amounts for the damages need to be proven at the time of a trial.
According to the case’s notice of removal from state court, the Dodovs’ claims likely exceed $75,000.
The Dodovs say money gained by the suit would be used to promote snow sport safety and awareness, “so as to prevent and/or limit needlessly endangering outdoor sports enthusiasts throughout the United States, including Alaska’s backcountry.”
Following their son’s death, the Dodovs created a nonprofit foundation to promote snow sports safety and awareness through educational programs and events.