Bend jury rejects father’s $15 million wrongful death claim against Mt. Bachelor in son’s tree well death

Jury finds resort was not liable; second lawsuit in another death same day still pending

BEND, Ore. (KTVZ) – A Deschutes County jury ruled Friday in favor of Mt. Bachelor after hearing several days of testimony in a $15 million wrongful death lawsuit brought against the resort by the father of a Bend man who died in a tree well in March 2018, one of two people who died in tree wells on the mountain the same day.

The jury cleared the resort and its parent company, Powdr Corp., of liability and the lawsuit's claims of negligence. It alleged that Mt. Bachelor failed to adequately monitor recent heavy snow at the resort or provide adequate warnings of the risks to those skiing and snowboarding there.

A joint wrongful death lawsuit was filed in February 2020 by the fathers of snowboarder Alfonso Braun, 24, of Bend, and skier Nicole Panet-Raymond, 19, f Eugene, each seeking $15 million in damages. The cases were separated last year, and the other lawsuit is still pending.

Eduardo Braun's attorney, Daniel Dziuba, provided this statement to NewsChannel 21 Sunday on the jury's decision:

"I am disappointed for the parents of Alfonso Braun," he wrote. "They are lovely people who have suffered a tremendous loss which they will always bear. I very much believe in the jury system, even when the jury’s decision is disappointing.

"Hopefully, publicity concerning the deaths of Alfonso Braun and Nicole Panet-Raymond on the same day in tree wells at Mt. Bachelor, and the cases for their deaths, will raise awareness of the deadly hazard, and perhaps save lives," Dziuba concluded.

Mt. Bachelor provided this statement on the trial's outcome from John Merriman, the resort's president and general manager:

“The entire team at Mt. Bachelor continues to extend our deepest sympathies to the family of Mr. Braun," Merriman said.

"Skiing and snowboarding at Mt. Bachelor connects our community to the natural environment in which we live, but also presents inherent risks to those who partake.

"We will continue to educate skiers, snowboarders, mountain bikers, and other people that recreate outside about the inherent risks of outdoor recreation," he said. "We hope that our training and educational resources can help our guests enjoy our mountain and experience its natural environment in a safe and responsible manner.”