Gunnison family may file suit over winter accident at Big Mine

“The rink needs to be safe…”

The town of Crested Butte is on notice that it might be sued as the result of a hockey accident last winter at Big Mine Ice Rink. Negotiations are taking place between the town, its insurance company, Colorado Intergovernmental Risk Sharing Agency (CIRSA) and the Ferchau family of Gunnison.

 
“A notice of claim was filed with the town by their attorneys,” explained Crested Butte town manager Susan Parker. “We, along with the insurance company, are in negotiations with the family to try and settle the matter.”
The potential lawsuit and negotiation process stems from an incident last February 4, when 16-year-old Evan Ferchau was a spectator at a high school hockey game between Crested Butte and Gunnison. A puck flew over the boards and struck Ferchau in the mouth. He lost three teeth and took an ambulance ride to Gunnison.
According to the Notice of Intent to Sue Claim, “…a hockey puck cleared the sideboards near the ‘red-line’ and flew into the crowd. The hockey puck struck Evan in the mouth. Evan suffered extensive injuries to his mouth and face.”
The claim goes on to state, “After he received extensive medical treatment at Gunnison Valley Hospital, Evan’s parents then transported him directly to Dr. Todd Southall for an emergency dental appointment, which took an additional two hours.”
The claim also makes it clear that Evan can expect to have several dental implant surgeries and other medical treatment until he is approximately 21 years old.
“It was a serious thing and it’s been an extended process,” said Evan’s father, Erich Ferchau. “The medical bills are significant. He’s had four root canals and will have to get braces again. It’s a big deal and all we’ve done so far is pay medical bills.”
According to Parker, the initial offer by the town to settle the matter was within the parameters of the insurance policy, set at $5,000. According to Parker, the town has seen one medical bill as a result of the accident to date, and it was under $1,000. But Parker pointed out that the primary entity dealing with the matter from the town’s negotiating perspective is CIRSA. Town attorney John Belkin would not comment on this story.
“We filed the intent to sue because it is serious and we want to figure something out,” said Erich Ferchau. “It’s unfortunate and I hate to go that route. The first offer would barely cover the ambulance ride and a morphine shot. We also want them to understand that the rink needs to be safe. [Evan] was surrounded by spectators when he got hit and I would have hated to see what would have happened if that puck went a little bit right or left and hurt someone else even worse. They need to get something around that rink whether it’s a net or glass or whatever.”
Under the state’s Governmental Immunity Act, a person usually may not collect more than $150,000 in any one suit against a municipality. But under the act, any intent to sue must be filed within 180 days of the incident. Given that no settlement was reached between the town and the Ferchau family within the 180-day period, filing a notice of claim protects the rights of the family to collect damages through a lawsuit if need be. It is also not unusual for lawyers to seek additional damages for “pain and suffering” on top of medical expenses, especially when a minor is involved.
Parker said that while the town is certainly involved, it is the insurance company that is taking the lead. “CIRSA has an attorney that deals with these types of claims and CIRSA is the main negotiator with this situation,” explained Parker. “But it will be up to the town to approve any settlement. For the town, we wouldn’t pay the actual settlement out-of-pocket. The insurance company will take care of that. But it could have an adverse impact on our premiums.”
Parker said the town has already planned to address the Big Mine Ice Rink safety situation. “Our tentative plan with the rink this winter is to close the south side to spectators and put at least five feet of protective netting around the rest of the rink.”
Hockey season should start sometime in December.