The family of a 16-year-old foreign exchange student from Germany who died in 2010 after falling head first into a tree well at Whitefish Mountain Resort has sued the ski area, his host family from Columbia Falls, and the company that coordinated his exchange.

A lawsuit filed Dec. 24 in U.S. District Court in Missoula argues Whitefish Mountain Resort acted with gross negligence and is to blame for Niclas Waschle’s death. The family is seeking compensation for their loss, and for medical and other expenses.

Waschle’s parents, Patricia Birkhold-Waschle and Raimund Waschle, are listed as plaintiffs in the complaint. Great Falls attorney Steven Johnson represents them.

According to the complaint, Waschle was skiing alone Dec. 29, 2010 near T-Bar 2 at Whitefish Mountain Resort when he fell head first into a tree well — an open pit at the base of an evergreen tree that grows deeper as the snowpack around the tree rises. He was found and extricated by two other skiers who noticed his skis sticking out of the snow. A nurse nearby performed CPR until ski patrol arrived.

Waschle died three days later at Kalispell Regional Medical Center after he was removed from life support. Doctors declared Waschle brain dead as the result of asphyxiation and suffocation.

The lawsuit alleges the area where Waschle was skiing wasn’t restricted or blocked off in any way, nor were any warning notices posted regarding the dangers of tree wells.

The complaint argues Whitefish Mountain Resort had the duty to mitigate or eliminate the danger of tree wells near T-bar 2, and that the resort knew of the risks posed by tree wells.

The complaint notes that about 10 days after Waschle’s death, snowboarder Scott Meyer, of Kalispell, died after falling into a tree well in the vicinity of T-bar 2. Meyer was snowboarding alone.

“Big Mountain Ski Area has experienced several other tree well deaths in the history of the ski resort, which was a fact of which [Whitefish Mountain Resort] was on notice,” the complaint states. “Under the circumstances, [the ski resort] had the duty to mitigate, alleviate, or eliminate the danger of tree wells at or near the exit from the T-bar 2.”

In a statement released Friday, Whitefish Mountain Resort officials say that while Waschle’s death was an emotional and tragic event, the lawsuit is groundless.

“For those of us personally involved, it was heart breaking and unforgettable,” the statement notes. “The tragedy is unnecessarily compounded by the effort through this lawsuit, filed nearly three years after the events, to blame innocent parties, including Whitefish Mountain Resort, for the results of the known risks inherent in the sport of skiing. Tree well and deep snow immersion accidents such as this one occur in off-groomed, forested (off-piste) areas with deep, unconsolidated snow. It is not reasonable to identify a particular tree among the tens of thousands within the resort boundary that has a dangerous tree well by sight. The lawsuit is groundless. We are unfortunately forced to defend it vigorously and seek justice through our court system. This we will do.”

The complaint also alleges negligence on the part Waschle’s host parents, Fred Vanhorn and Lynne Vanhorn of Columbia Falls.

The complaint argues the Vanhorns exposed Waschle to “unnecessary and unreasonably risky behavior such as permitting him to ski in inclement weather alone.”

The complaint alleges the Vanhorns drove to the ski resort that day for a joint ski outing with Waschle, “but despite inclement weather and an approaching storm, [they] permitted Niclas to ski alone and unsupervised in a ski area with dangers and risks with which the Vanhorns were much better acquainted than Niclas, who had not skied in Germany in comparable conditions or on comparable terrain.”

The complaint argues Fred Vanhorn, who was a ski instructor at the ski area, “should have known about the dangers of skiing alone.”

The lawsuit also argues World Experiences, the company that operates the international student exchange program, should be held liable for the Vanhorns’ alleged negligence.

Following Waschle’s death, the ski resort crafted a list of tree-well safety tips and guidelines that is posted on their website and at the end of their daily snow report.

According to the guidelines, skiers are advised to avoid deep snow and trees, and to ski with a partner.