Alterra suit moves forward as judge declines to dismiss case
DENVER — A lawsuit brought against resort operator Denver-based Alterra Mountain Co. and led by a California skier disgruntled by the company’s refusal to issue Ikon Pass refunds during the COVID-19 pandemic shutdown is moving forward after a federal judge last week declined to dismiss the case.
In his decision not to toss the lion’s share of skier Richard Kramer’s claims, U.S. District Court Judge Raymond Moore may have tipped his hand in his order, repeatedly noting that “the court agrees with plaintiffs” in their assertions that Alterra breached its contract when it shut down resorts without offering prorated refunds for ski days lost.
Kramer, represented by Dovel & Luner LLP, is seeking to form a class action suit.
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“I grew up in Boulder, skiing at Eldora and Winter Park, so this case is close to my heart,” attorney Jonas Jacobson told BizWest. “The proposed class includes hundreds of thousands Ikon Pass holders, including many thousands in Colorado. These skiers are not asking for all their pass money back — they are simply asking for a fair and proportionate refund that reflects the lost portion of the ski season. We are glad that the court sees the merit in our claims, and we look forward to a jury trial in Denver.”
Alterra representatives declined to comment.
In his order, Moore said that “because the resort closures were based on the pandemic rather than the end of the ski season, plaintiffs plausibly alleged defendants failed to perform, or substantially performed, in accordance with the terms of the contract.
The next steps in the case include scheduling a hearing during which the court can decide whether to allow the plaintiffs to form a class, Jacobson said. A trial would occur after that decision.
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