BEND, Ore. (KATU) — A recently filed wrongful death lawsuit alleges negligence by ski guides caused the death of a 51-year-old father of two and primary breadwinner.

PREVIOUS COVERAGE | Avalanche on Mt. Bailey claims life of Bend man during ski outing

Brian Thomas Roberts’ attorneys allege conditions were too dangerous because of freezing rain, high winds, and heavy snow.

According to court documents, the group was told by the guides to disregard a report indicating high avalanche danger, and they would warn them if it became too dangerous.

On the final downhill run of the day, skiers were told to head down the mountain in one-minute intervals, and Roberts was the fifth one to go.

As he headed downhill, the avalanche started and buried him, and the guides couldn’t find him for 10 minutes.

According to the lawsuit, he showed signs of life, but the guides also did not have an AED to help resuscitate him.

Before the 2023-2024 ski season, Diamond Lake used locally-based guides familiar with the conditions in the area.

Attorneys say at least one former guide expressed concerns about using guides with little to no experience on Mt. Bailey, but that those concerns were dismissed.

Named in the suit are the Diamond Lake Improvement Company, California-based Sierra Wilderness Seminars Inc., and guides David Cressman, Rebecca Bastian, and Jackson Kramer.

The lawsuit was filed last Friday in Deschutes County Circuit Court and seeks a little over $14.5 million in damages.

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KATU has reached out to Diamond Lake and SWS Mountain Guides for comment.