A California man is suing a Westminster outdoor gear store owned by Vail Resorts and more than a dozen companies connected to apparel makers Oakley and Salomon after his eye popped out of its socket when he crashed at Keystone Resort, according to a lawsuit filed this week.
Duncan McDonald of Los Angeles filed the lawsuit in 17th Judicial District Court on Tuesday through his attorneys with The Komyatte Law Firm in Golden, court records show.
McDonald was snowboarding at Keystone on Feb. 24, 2024, while wearing Oakley ski goggles and a Salomon helmet when he caught the edge of his board and fell face-first into the snow, his attorneys wrote in the complaint.
His right eyeball popped out of its socket and he sustained orbital facial fractures in the crash, which caused permanent vision loss.
McDonald’s attorneys claim the goggles were “defective and unreasonably dangerous” because their narrow, stiff design, which did not have adequate padding, made catastrophic injuries likely.
The lawsuit similarly claims the Salomon helmet “lacked design features that would provide protection to a user’s head, face, and eyes during an accident where the face impacted the snow,” including a brim to absorb or deflect the impact and other safety features.
McDonald’s attorneys allege Oakley, Salomon and their related companies, along with Epic Mountain Gear in Westminster and owner Vail Resorts, violated laws regarding product liability, negligence, breach of warranty and failure to warn or recall.
The lawsuit seeks a jury trial and an unspecified sum of money for damages, including pain, suffering and emotional distress.
