A man is suing Snow King Mountain Resort for injuries he incurred when one of the resort’s plow drivers collided with him as he was driving a public bus.
Fermin Domingo is asking for more than $50,000 to recoup medical expenses and lost wages from the accident after the Snow King employee blew a stop sign.
Domingo, a bus driver for Southern Teton Area Rapid Transit, or START, was driving his bus westbound on Pearl Avenue on Feb. 8, 2020, when a Snow King employee with a split plow on his truck failed to stop at a stop sign at the intersection of South Jean Street.
The snowplow driver, Gerardo Morillon, also is named in the civil suit filed Nov. 28 in Teton County District Court.
“Morillon caused defendant Snow King’s truck to crash into the START bus driven by Domingo, striking the rear right side of the bus behind the rear right tire as it crossed through the intersection perpendicularly,” the lawsuit said.
A Jackson police officer arrived, determining the bus was traveling between 15 and 20 miles per hour and the plow truck around 5 miles per hour when it collided with the bus.
Domingo said he immediately felt severe pain to his right side and lower back and a sharp pain shoot down if he placed any weight on his right leg. He was transported in an ambulance to St. John’s Health from the scene, where he was diagnosed with a herniated lumbar disc.
Domingo ultimately underwent surgery and cited chronic debilitating back pain. He said in the documents that he requires long-term medical attention and physical therapy. He also cited lost wages and loss of enjoyment of life.
Damage to the bus itself was recorded as minimal; however, the snowplow experienced a hydraulic fluid leak in the low lift system.
Morillon was cited on scene for failure to stop at a stop sign, a $135 fine.
The documents, filed by Etna attorney Jack Edwards, allege Morillon was negligent and operated his vehicle at speeds unsafe for road conditions.
In their response to the suit, Snow King and Morillon denied Domingo’s allegations and that they were responsible for his injuries.
Domingo “is hereby placed on notice of strict proof required of each of the allegations contained in his complaint …” their response said.
The attorney for the defendants, Casper-based James Worthen, said Domingo’s damages must be reduced by “percentage of fault … and if his percentage of fault is determined to be greater than 50%, he cannot recover damages.”
In other words, a jury will determine the fault of each of the two parties involved, Domingo and Morillon. If, hypothetically, Domingo were speeding at the time Morillon blew a stop sign, it may not be cut and dried who’s most at fault because both did something wrong.
Edwards, a personal injury lawyer, explained the delay in Domingo filing the civil suit.
“Typically when an individual files a civil suit it’s after we’ve waited for them to get better before filing,” Edwards said. “We also try to explore any and all other options short of filing a lawsuit.”
Those other options Edwards and Domingo explored were settlement with the insurance company, Edwards said.
“We try to make sure the client does everything they can do so we have an accurate picture of the nature and extent of their injuries,” Edwards said.
Edwards said he and his client are “very confident that we have the facts and the law on our side.”
The collision caused Domingo to move out of Teton County.
“He’s living in Indiana,” Edwards said. “He wasn’t able to return to work and the cost of living there is extraordinary, so he had to move back closer to family.”
Kate Ready covers criminal justice and emergency news. Originally from Denver, Kate studied English Literature at UC Berkeley and is excited to bring her love for the mountains and storytelling to Jackson.
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