Host parents cleared in Big Mountain death

The host parents of a foreign exchange student, who died in 2010 after falling in a tree well while skiing at Whitefish Mountain Resort, have been dismissed from a lawsuit over his death.

U.S. District Judge Donald Molloy ruled on Sept. 4 in favor of a motion for summary judgment filed by Columbia Falls residents Fred and Lynne Vanhorn, the student's host parents at the time of his death. The ruling removes the Vanhorns from the lawsuit.

The family of Niclas Waschle filed a wrongful death lawsuit against Whitefish Mountain Resort, his host family and the exchange agency in December 2013. Waschle, 16, who was a foreign exchange student from Germany, died after falling head first into a tree well.

Molloy wrote that the Vanhorns warned Waschle about the dangers of skiing alone, and even if they hadn't warned him, it is still unlikely that the lawsuit would prevail.

Molloy said that Waschle was an intermediate skier who had gone on solo skiing trips in the Swiss Alps in the past. He noted that Waschle had written the Vanhorns prior to his arrival saying that he was an avid skier. Waschle's parents and the Vanhorns also discussed purchasing a ski pass and they provided money for him to ski at the resort.

Waschle was skiing Dec. 29, 2010 near T-Bar 2 at the resort when he fell head first into a tree well - an open pit at the base of an evergreen tree that grows deeper as the snowpack around the tree rises.

He was found and extricated by two other skiers who noticed his skis sticking out of the snow. A nurse nearby performed CPR until ski patrol arrived.

Waschle died three days later at Kalispell Regional Medical Center after he was removed from life support. Doctors declared Waschle brain dead as the result of asphyxiation and suffocation.

The lawsuit claims that the area where Waschle was skiing wasn't restricted in any way and there were no warning signs regarding the dangers of tree wells. The suit argues that the resort had the duty to mitigate or eliminate the danger of tree wells and the resort knew the risks posed by tree wells.

The resort contends the lawsuit is groundless.

The complaint also alleges that World Experiences, the agency responsible for Waschle's exchange, should be held liable for their alleged negligence.

Both the resort and World Experience remain as defendants in the case. A jury trial is set for Nov. 30.