Cape Cod woman sues N.H. ski resort over ‘catastrophic injuries’ she allegedly suffered in tubing crash

A Cape Cod woman is suing a New Hampshire ski resort over “catastrophic injuries” she allegedly suffered as a result of a tubing crash at the mountain. 

A federal lawsuit filed Oct. 3 alleges that a Loon Mountain employee told the Barnstable woman to use a children’s tube, which didn’t have brakes. This allegedly caused her to crash and suffer injuries so serious she had to be airlifted to a hospital where she was admitted to the ICU.

What happened, according to the lawsuit

The incident took place on the weekend of Feb. 11, 2023, when Zoia Tsoleridis and her family were vacationing at the Lincoln ski resort, according to the lawsuit. She and her family intended to go tubing, but were told by a Loon Mountain employee that adult tubing passes were sold out.

The group bought passes for the children, but when they got to the hill, they found that no adults were tubing on the part of the hill meant for adults, the lawsuit says. Allegedly, there was only one employee at the hill, and he told them a group had booked the hill but then didn’t show up.

The employee invited the adults in the group to tube, but said he did not have adult-size tubes available for them, the lawsuit alleges. He allegedly gave the adults “tot tubes” to use, but didn’t explain that these tubes don’t have brakes like the adult tubes. 

The lawsuit alleges that Loon Mountain’s rules prohibit employees from providing tot tubes to adults. Additionally, in the tubing FAQ on the resort’s website, it says that adults are not allowed to use tot tubes. 

“Ms. Tsoleridis had never been to this tubing hill before. She relied on Loon employees to provide her with proper equipment and instruction. She had no notion of the danger she was being put in,” the lawsuit reads. 

Tsoleridis tubed down the hill, but without brakes she was unable to slow down, the lawsuit alleges. Thus, instead of stopping her as intended, the berm at the bottom of the hill “served as a jump that launched her into the air.”

According to the lawsuit, Tsoleridis suffered “catastrophic injuries” when she hit the ground, including a traumatic brain injury, an aortic aneurysm, broken arms, and a broken jaw. She had to be airlifted to Dartmouth Hitchcock Medical Center where she stayed in the ICU for “an extended period.”

“Ms. Tsoleridis’ injuries have required multiple surgeries, and she continues to recover from these injuries,” the lawsuit reads. 

How Loon Mountain allegedly broke the law

The lawsuit alleges “negligence and negligent misrepresentation” on the part of Loon Mountain.

“The defendant owed Ms. Tsoleridis a duty of reasonable care including, but not limited to, the duty to provide her with proper instruction, the duty to provide her with proper equipment, and the duty to provide her with complete and accurate information about the tubing hill and equipment,” the lawsuit reads.

The resort allegedly abridged this, not only by giving her the tot tube and presenting it as safe despite this being against the resort’s rules, but also by failing to advise her on the need to slow down at the bottom of the hill, “failing to properly train and supervise its employees, failing to adequately staff the tubing hill,” and failing to make adult tubes available. 

Additionally, the lawsuit alleges that the resort knew the tot tube was “unreasonably dangerous” for Tsoleridis to use, and is thus strictly liable for her injuries. 

The lawsuit asks for a jury trial to determine whether Tsoleridis should be awarded damages. Though it does not specify how much money the plaintiff believes she is owed, it does say that the “amount in controversy exceeds $75,000.”

Neither Loon Mountain nor the law firm representing Tsoleridis responded to a request for comment Wednesday afternoon. 

You can read the full lawsuit below:

Lawsuit Against Loon Mountain by Susannah Sudborough on Scribd