Editor’s note: This story has been updated to include information received from Winter Park Resort.

A man is suing Winter Park Resort after claiming he sustained physical and mental trauma from a chairlift fall, according to a lawsuit filed Jan. 2.

Plaintiff Arturo Burgueno of Bexar County, Texas, took a “catastrophic fall” from the Explorer Express chairlift March 17, 2023, according to a complaint filed with the U.S. District Court for the District of Colorado.

The complaint states that Burgueno is a “very experienced adaptive skier who utilizes a sit-ski” and that a lift operator improperly loaded him onto the chairlift, resulting in his ski equipment not being properly secured to the chair.

The complaint states that the lift operator instructed Burgueno to load “well behind” the area where riders normally load the lift, then failed to observe him as the chairlift continued its progress to the “load here” line. Once at the line, three other riders loaded the chairlift with Burgueno.  

“As plaintiff’s chair ascended and passed the Explorer Express lift’s first tower, plaintiff fell from the chair as a result of being improperly loaded, causing severe injuries,” the complaint states.

Burgueno is represented by the law firm Bloch & Chapleau, Cates, Ongert. The lawsuit aims to cover damages for Burgueno’s “serious injuries, damages and losses,” according to the complaint. The defendants include Winter Park Resort, its parent company Alterra Mountain Co., the lift operator and Intrawest/Winter Park Operations Corp., which operates the resort.

“Winter Park Resort is aware of this incident and the recently filed complaint,” Winter Park Resort spokesperson Jen Miller said in a statement. “The resort and its affiliates do not offer comments regarding pending litigation.”