Settlement reached in Snowdrift lawsuits

SANDPOINT — An out-of-court settlement has been reached to resolve litigation stemming from a snow and ice slide which crippled one person and injured another on Schweitzer Mountain last year.

Attorneys are asking a judge to dismiss negligence cases against The Snowdrift condominium complex and Hester Tree Service as a result of the settlement, according to court documents.

The terms of the settlement are not disclosed in court filings.

Counsels in the cases moved jointly on Wednesday for a dismissal with prejudice, which would keep the claims from resurfacing. An order of dismissal is pending in 1st District Court.

The two lawsuits were filed in connection with snow and ice slide from the roof of the 10-unit condo complex on Jan. 3, 2007. At the time of the slide, employees from Hester Tree Service were on the roof removing snow, court documents said.

Debris from the slide crashed down onto a group of housekeepers who had pulled up to the building in a van to unload cleaning supplies.

Maria Eugenia Lizarraga Tejeda, a 20-year-old Peruvian woman, was paralyzed from the waist down after she was hit by the debris and partially buried. Tejada sued The Snowdrift and Hester Tree Service last year for negligence.

Steven M. Richards, 19, was also injured in the slide and filed suit against the condo and the tree service earlier this year.

Both suits alleged The Snowdrift was negligent in the maintenance of its roof and Hester failed to put up warning signs warning people on the ground that a roof-clearing operation was under way. The suits also alleged that conditions on the roof on the day of the accident were too dangerous to have people working on it. Defense attorneys maintained the housekeepers put themselves in harm's way by pulling up to the building.

A 10-day jury trial was planned for March 2009. The cases were subsequently consolidated and extended mediation ensued, court records show.