Lawsuit settled in death of man who asphyxiated while riding on a chairlift

A lawsuit filed by the family of a New Jersey man who died while riding a Vail Ski Resort chairlift has been settled.

Jason Varnish died Feb. 13, 2020, while riding a Blue Sky Basin chairlift. Varnish, 46, is survived by three children, according to a news release from the Burg Simpson Law Firm, which represented the Varnish family.

“This was an unnecessary and preventable tragedy,” said attorney Peter Burg.

The seat of the chair Varnish boarded was set upright, against the backrest of the chair, the release said. A rubber bumper attached to the frame, covered when the seat is down, caught Varnish’s jacket, entangling the jacket and lifting Varnish off his feet as the chair rose.

Varnish hung from the chair, about 70 feet from the load line and 10 feet in the air, for more than 8 minutes, the release said. Hanging by the jacket “constricted his ability to breath, and he died of positional asphyxiation.”

As part of the lawsuit, filed in Eagle County District Court, “factual allegations” against Vail “described various violations of provisions of the Colorado Ski Safety Act and the rules of the Colorado Passenger Tramway Safety Board,” the release said.

Vail Resorts contested the claims, arguing that the “waiver and release provisions” on a ski pass and in “documents signed to obtain a ski pass” or rental equipment barred the complaint filed by the family survivors, according to the release.

Shortly before trial, and about three years after Varnish’s death, a settlement was reached, the release said. Terms of the settlement are confidential and were not disclosed.