Trial set in 2018 snowmobile crash that killed mother and daughter near Golden
The family of a Florida woman who was killed along with her 11-year-old daughter in a snowmobiling crash near Golden in 2018 will head to a B.C. courtroom next month in their case against the companies involved.
The crash killed Miami resident Carolina Sanchez and her 11-year-old daughter after the snowmobile she was driving veered off the trail and hit a tree. Her daughter was a passenger sitting behind her.
Victor Ortega and other families member launched a civil suit against a multitude of companies months after the crash, and five years later, a five-week trial is set to begin in June.
According to a recently published Feb. 2 Supreme Court of BC decision, the Ortega family names snowmobile guide Robert Burley and his company Rocky Mountain Riders Snowmobile Tours, along with the Fairmont Hotel, and the Kicking Horse Mountain Resort in the suit.
The decision says the family alleges the various parties were negligent for various reasons, including failing to properly instruct and supervise Sanchez in the operation of a snowmobile and allowing her to have a passenger on her snowmobile.
According to the decision, the family arranged the tour through the Fairmont Hotel.
"Following a bus ride of approximately 90 minutes, the Ortega family arrived at the snowmobiling location where they were asked to sign an agreement releasing the tour operators, the hotel, its employees and the Province from any liability arising from their operation of the snowmobiles and a waiver of claims, including for any alleged negligence on the part of the defendants," the decision reads.
The Ortegas family argues they should not be bound by the waiver for various reasons, including they signed it without knowing about its terms, and there was a cancellation policy in place so they would lose their money if they declined the waiver.
"They submit that the waiver's enforceability depends on whether reasonable steps have been taken to bring the terms and conditions to (their) attention," the decision reads.
The case will be decided following the trial set to begin on June 26.
Separately, as the fatal crash allegedly happened on Crown land the family is also suing the province in a different suit and the province has denied liability.
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