Knutson & Associates P.O. Box 3504 Homer, Alaska 99603 le 907-235-2028, tracey knutsonlaw@alaska.net IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE David Horvath, FILED in the TRIAL COURT: Slate of Alaska Third Disttct y ) ) Plaintiff, ? i MAR 28 2023 d ) ) ) ) ) d ) : Clerk of the Trial Courts * Triumvirate, LLC, An Alaska Limited Y¥—_______ Deputy Liability Company, Triumvirate Owner Michael Rheam, Spurr Mountain, LLC and Does 1-10 Defendants. Case No. 3AN-23-06352C1 COMPLAINT FOR DAMAGES COMES NOW, Plaintiff (David Horvath) in the above named action, by and through counsel, Tracey Knutson of Knutson and Associates, and for his Complaint against Defendants, alleges as follows: A. VENUE _AND JURISDICTION 1. At all times relevant to this litigation, Plaintité David Horvath was a resident of the Czech Republic, visiting Alaska to partake in lodge based heli boarding activities offered by Triumvirate, LLC. 2. Triumvirate, LLC is an Alaska Limited Liability Company conducting business in Alaska and offering lodge based and heli oriented recreational products in Alaska. Triumvirate, LLC is owned by 3 individuals, Michael Overcast, Michael Rheam, and Thomas Moe. 3. Spurr Mountain, LLC is an Alaska Limited Liability Company conducting business in Alaska. On information and belief, Complaint Case No. 3AN-23- cr age 1 of 12Knutson & Associates P.O, Box 3504 Homer, Alaska 99603 Telephone 907-235. tracey knutsonlaw@alaska net Spurr Mountain, LLC owns the underlying lodge and property referred to as Tordrillo Mountain Lodge. On information and belief, Spurr Mountain leases the property to Triumvirate, knowing what type of operations Triumvirate conducts on the Spurr Mountain property. on information and belief, one of the owners of Triumvirate, LLC has held himself out in public filings as being a part of Spurr Mountain, LLC also so that the corporations are acting together. 4, The amount in controversy exceeds the sum of one hundred thousand dollars ($100,000), exclusive of interest, costs and fees. 5. Certain Does individuals and/or entities who have yet to be identified with particularity may share in liability; Plaintiff reserves the right to name said parties at a later date. 6. durisdiction is appropriate in the Third Judicial District, State of Alaska. B. ALLEGATIONS COMMON TO ALL COUNTS 7. A party of three gentlemen from the Czech Republic traveled to Alaska in March of 2021 to heli ski (and board) with Tordrillo Mountain Lodge (hereafter “fML"). The trip was booked by Mr. Peter Kellner who contracted with TML that his party of three (which included Mr. Horvath, so that hereafter, the group is referred to as the ‘Horvath party’) were to stay at a lodge Mr. Kellner preferred, called Winter Lake Lodge. At the time, Triumvirate held an Exclusive Lodge Agreement with Winter Lake Lodge and so TML had the exclusive right to book clients into Winter Lake Lodge near the Tordrillo Mountains, and to conduct heli Complaint Case No. 3AN-23- cr age 2 of 12Knutson & Associates P.O. Box 3504 Homer, Alaska 99603, le 907-235-2028 tracey knutsonlaw@alaska.net Telephone 907-235-2026 Facs boarding/skiing activities out of that lodge. 8. ML leases the helicopters it uses in its activities from Soloy Helicopters, LLC under an exclusive use services contract. The helicopter TML was using for the Horvath party on March 27, 2021 was a Soloy helicopter with a tail number of N351SH (hereafter ‘351') 351 was under contract to TML, placing contractual responsibilities on TML regarding use of and operational control of the helicopter, as well as emergency response responsibilities for over due aircraft. 9 The Horvath party wanted to use a particular guide on its trip to Alaska, so TML accepted Greg Harms and Sean McManamy as employees of TML for purposes of the Horvath party trip. TML paid wages and workers compensation benefits on both of these individuals and took operational control over Harms and McManamy. 10. At the time of Horvath’s arrival in Alaska, Winter Lake Lodge had an employee test positive for COVID so the decision was made to have the Horvath party stay a few days at a property in the Wasilla area and conduct the ski/ride activities from that location. TML paid for the rental of that property while the party waited for Winter Lake Lodge to clear its COVID case. The day after the March, 27, 2021 incident which is the subject of this suit, Horvath’s party was to transfer out to Winter Lake Lodge. 11. On March 27, 2021 Soloy Helicopter 351 was under the operational control of TML. TML’s dispatcher was responsible for flight following and communications with the 351 group which included 2 TML guides (Sean McManamy and Greg Harms), the Horvath party (Peter Kellner, David Horvath and Ben LaRochaix) and Soloy Complaint Case No. 3AN-23- cL age 3 of 12Knutson & Associates P.O. Box 3504 Homer, Alaska 99603, yne_ 907-235-2026 Facsimile 907-235-2028, ‘Telepl tracey knutsonlaw@alaska.net pilot, Zachary Russell. 12. On March 27, 2021 Soloy Helicopter 351 departed the Wasilla residence the Horvath party was staying at for heli boarding activities late in the day (at approximately 3:50 pm). The helicopter flew towards the Chugach Mountains and arrived at the intended operating area about 19 minutes later. The Horvath party took several runs with the helicopter flying multiple legs from 4:15 pm - 6:07 pm. GPS data shows that 351 departed its location about 6:27 pm on a northwest heading climbing to approximately 5900 ft mean sea level. Final movements of the helicopter were at approximately 6:33 pm over a ridge line at approximately 6266 ft mean sea level. GPS data tracks for 351 ceased at 6:36 pm near the final resting point of the main wreckage of 351 after the machine had crashed. 13. At the time that the crashed helicopter (351) came to a rest, 3 souls were alive and 3 souls had perished in the crash. 14. ML had received communication that 351 intended to back at the leased Wasilla house at approximately 6:30 pm. 15. ML had contractual (via the Soloy contract) and industry standard duties to accomplish flight following via the Soloy satellite tracking system and to keep communications with the Soloy helicopter at intervals no longer than 60 minutes. In the event of a failure to maintain communications or in the event the tracking system showed an aircraft not moving, TML had the additional duty to launch an Emergency Response Plan (hereafter ‘ERP’). On information and belief, the last communication the TML Complaint Case No. 3AN-23- cr age 4 of 12Knutson & Associates P.O, Box 3504 Homer, Alaska 99603 Telephone 907-235-2026 Facsimile 907-235-2028 tracey knutsonlaw@ dispatcher had with 351 was at approximately 5:30 pm. GPS data tracks for 351 ceased at 6 pm. Communications to TML had advised them that 351's guides (Harms and McManamy) intended to be at the Wasilla rental house at 6:30 p.m. to conclude operations for the day. In spite of the fact that communications stopped at 5:30 pm and despite the fact that data tracking showed no movement of 351 after 6:36 pm and despite the fact that the Soloy satellite tracking system clearly showed the topography of the last track as being on a steep mountain slope, ML took no action to initiate any type of emergency response. 16. At approximate 8:05 pm (2.5 hours after communications had been lost and nearly 90 minutes after data tracks had stopped, TML ownership called Third Edge Heli, a company owned by Guide Greg Harms and which had no relationship to TML or TML's operations, to enquire if they had ‘heard anything’ about the status of 351. The only affirmative action TML took to make enquiry about or ascertain where was 351 was to call a group that had no operational control over the Soloy helicopter leased to TML and ask them if they ‘knew’ anything. All of this is, again, despite the fact(s) that TML had had no communications with 351 or any of the 6 souls on board since 5:30 pm, despite the fact TML had received a communication that it should expect 351 to be back at the Wasilla rented house the Horvath party was staying in about 6:30 pm, and despite the fact that TML had access to the data tracks that showed there had been no movement of the aircraft (that the last track stopped at 6:36 pm) from an area of clearly steep topography and despite the fact that it was now at sunset and long Complaint Case No. 3AN-23- cI age 5 of 12P.O. Box 3504 Homer, Alaska 99603 ‘Telephone 907-235-2026 Facsi tracey. knutsonlaw@alaska.net past when a last run should have been completed and an aircraft returned to its base. 17. when TML made this post 8 pm call to Third Edge Heli, that group immediately realized the gravity of the situation, and took all normal, industry standard and required steps to initiate an overdue aircraft ERP - notifying Soloy of the out of communication and overdue nature of its helicopter 351, notifying the Troopers, sending one of their own helicopters (leased from a different provider) to the GPS coordinates revealed in the satellite tracking system where the downed wreckage was actually spotted at 9:36 pm in a debris filed configuration that meant it was not safe to land a civilian aircraft in the dark. 18. At approximately 9:43 pm on March 27, 2021 the 212 Rescue Squadron at the Joint Base Elemendorf was put on alert by the Rescue Coordination Center (via the Troopers) of the overdue helicopter with 6 individuals on board and the general location of the wreckage. At approximately 11:45 pm an HH60 Pavehawk helicopter with a 212 aviator and rescue personnel made the emergency response to the downed Soloy helicopter 351. At that point in time only David Horvath was alive. The para jumpers who extracted Horvath from the wreckage transported Horvath to Providence Hospital, noting Horvath’s body temperature as being at 82 degrees fahrenheit. Mr. Horvath suffered many physical injuries as well as the excruciating and lasting emotional injury of talking the other two survivors who were alive for, in one case, what is estimated by Horvath’s recollection to be up to a couple of hours, to their deaths. Both of the other survivors perished waiting for Complaint Case No. 3AN-23- cr age 6 of 12Knutson & Associates P.O, Box 3504 lomer, Alaska 99603 ne 907-235-2026 Facsi le 907-235-2028 Teleph tracey. knutsonlaw@alaska.net an emergency response by TML to its clearly out of communication and immobile helicopter, a response that simply never came. 19. In the aftermath of this incident, Soloy Helicopters willingly, and in good faith, settled with Mr. Horvath for what was initially and clearly @ pilot error in failing to securely land the aircraft on the Horvath groups’ last run of the day. Despite being given chances to resolve this matter, TML continues to deny any duty, responsibility or liability to Mr. Horvath for its complete failure to keep communications with 351, to accomplish adequate flight following and for its utter failure to initiate any type of response to the overdue helicopter solely under its operational control. Had TML initiated an ERP at 6:30 pm on March 27, 2021 when 351 had been out of communications for over 60 minutes, had TML initiated an ERP when data tracks stopped at 6:36 pm in an area of steep topography, the results of this incident would have been critically different for Mr. Horvath and others on board 351. But, TML proceeds, in bad faith, to continue to deny any legal responsibility. C. CLAIMS FOR RELIEF COUNT I NEGLIGENCE 20. Plaintiff realleges and incorporates herein, as though they were set out in full, all allegations of the preceding paragraphs of this Complaint. 21, Defendants, and all of them, as operators, owners and proprietors of a heli-ski operation that was subject to known industry standards regarding communication protocols with the aircraft which they had under their operational control were Complaint Case No. 3AN-23- cr age 7 of 12Kautson & Associates P.O, Box 3504 Homer, Alaska 99603, Telephone 907-235-2026 Facsimile 907-235-2028 tracey knutsonlaw@alaska.net responsible for ensuring that communications protocols were followed. Defendants had a duty to operate their heli ski business in accord with the degree of knowledge or skill possessed or the degree of care ordinarily exercised under the circumstances by heli ski operators TML is a member of Heli Ski US, a trade organization which promulgates standards in the industry suggesting communications with helicopters in cycles of no greater than 60 minutes. 22. As a direct and proximate result of defendants’ Lack of knowledge or skill or the failure to exercise this degree of care regarding communications with 351, plaintiff David Horvath suffered life altering physical and emotional injuries that would not otherwise have been incurred. COUNT IT NEGLIGENCE 23. Plaintiff realleges and incorporates herein, as though they were set out in full, all allegations of the preceding paragraphs of this Complaint. 24. Defendants, and all of them, as operators, owners and proprietors of a heli-ski operation that was subject to known industry standards and contractual responsibilities to the helicopter owner, Soloy Helicopters, regarding flight following protocols with the aircraft which they had under their operational control were responsible for ensuring that flight following protocols were followed. Defendants had a duty to operate their heli ski business in accord with the degree of knowledge or skill possessed or the degree of care ordinarily exercised under the circumstances by heli ski operators. ML is a member of Heli Ski Complaint Case No. 3AN-23- cr age 8 of 12Knutson & Associates P.O. Box 3504 Homer, Alaska 99603 ‘Telephone 907-235-2026 Facsimile 907-235-2028, ‘tracey knutsonlaw@alaska.net US, a trade organization which promulgates standards in the industry suggesting flight following protocols be established along with flight following logs and records. 25. As a direct and proximate result of defendants’ lack of knowledge or skill or the failure to exercise this degree of care with respect to flight following, plaintiff David Horvath suffered life altering physical and emotional injuries that would not otherwise have been incurred. COUNT IIT NEGLIGENCE 26. Plaintiff realleges and incorporates herein, as though they were set out in full, all allegations of the preceding paragraphs of this Complaint. 27. Defendants, and all of them, as operators, owners and proprietors of a heli-ski operation that was subject to known industry standards regarding training Flight Following personnel in proper use and implementation of Emergency Plans and in documenting training and maintaining logs and protocols through an Outfitter Safety Officer. Defendants had a duty to operate their heli ski business in accord with the degree of knowledge or skill possessed or the degree of care ordinarily exercised under the circumstances by heli ski operators. ML is a member of Heli Ski US, a trade organization which promulgates the standards in the industry regarding training Flight Following personnel in proper use and implementation of Emergency Plans and that the training must be documented and maintained by an Outfitter Safety Officer. Clearly TML violated these standards or an emergency response would have Complaint Case No. 3AN-23- cr age 9 of 12Knutson & Associates P.O. Box 3504 mer, Alasks 99603 ie 907-235-2028, tracey knutsonlaw@alaska.net Telephone 907-235-2026 Facsi been initiated to this long overdue, out of communication and nonmoving helicopter. 28. Defendants failed to exercise the degree of skill, knowledge and care ordinarily exercised under the circumstances at the time the defendants utterly failed to train or empower its personnel in the use of emergency response protocols and how and when to use them. 29. AS a direct and proximate result of defendants’ lack of knowledge or skill or the failure to exercise this degree of care plaintiff David Horvath suffered life altering physical and emotional injuries that would not otherwise have been incurred. count Iv GROSS NEGLIGENCE 30. Plaintiff realleges and incorporates herein, as though they were set out in full, all allegations of the preceding paragraphs of this Complaint. 31. On information and belief, it is apparent that TML's dispatcher began warning his superiors at TML on March 31, 2021 that he (the dispatcher) had not had communications with 351 since 5:30 pm. At some point after 6:36 pm it became patently obvious via the Soloy satellite tracker that 351 was sedentary and at an elevation that would be unusual for that time of day and for an extended stop. There was electronic data that 351's movement tracks had stopped by 6. 32. With the combination of risk factors that there had been no communications with a clearly nonmoving aircraft, Defendants had a duty to operate their heli ski business in accord Complaint Case No. 3AN-23- cr age 10 of 12Kautson & Associates P.O, Box 3504 Homer, Alaska 99603 ‘Telephone 907-235-2026 Facsi tracey knutsonlaw(@alaska.net with the degree of knowledge or skill possessed or the degree of care ordinarily exercised under the circumstances by heli ski operators to initiate an ERP. 33, As a direct and proximate result of Defendants grossly negligent conduct in completely ignoring these risk factors and completely failing in their duty to timely initiate any type of an Emergency Response Plan David Horvath suffered life altering physical and emotional injuries that would not otherwise have been incurred. COUNT V EMOTIONAL DISTRESS 34. Plaintiff realleges and incorporates herein, as though they were set out in full, all allegations of the preceding paragraphs of this Complaint. 35. As a direct and proximate result of Defendants’ negligent and grossly negligent malfeasance, plaintiff suffered and continues to suffer emotional distress. ‘D. DAMAGES 36. Plaintiff realleges and incorporates herein, as though they were set out in full, all allegations of the preceding paragraphs of this Complaint. 37. As a direct and proximate result of Defendants’ negligent and grossly negligent malfeasance, plaintiff suffered personal injuries and other damages including, but not limited to, medical, physical and emotional therapies, rehabilitation costs and similar expenses, emotional distress, pain and suffering, future medical costs, and permanent disfigurement and/or scarring. Complaint Case No. 3AN-23- cr age 11 of 12Knutson & Associates P.O. Box 3504 Homer, Alaska 99603 =. DEMAND FOR RELIEF WHEREFORE plaintiff prays for judgment against defendants as follows: 1. For damages in an amount, in excess of $100,000.00, to be determined at trial; 2. For punitive damages; 3. For interest, costs and attorney’s fees; and 4a For such other and further relief as the court deens just and proper. DATED this 25" day of March, 2023. KNUTSON & ASSOCIATES Attorneys for C.P.G. wy: Lona (laa aia weateos Alaska Bar No. 9106044 g Ss 43 ge EE 53 ae | cory that this is a true and corect ae copy ofthe cxigial on fein my ofc. . ATTESS: Clay ol thg yal Courts g By Deputy & Dates as 2 Complaint Case No. 3AN-23- CT Page 12 of 12