What was supposed to be a guided powder day on Mount Bailey ended in tragedy, and now the family of Bend resident Brian Thomas Roberts is taking the operators to court. The Bend father and longtime ski instructor died after an avalanche on the mountain last March, and his family has filed a wrongful-death lawsuit in Deschutes County Circuit Court seeking a little over $14.5 million. The suit alleges that decisions about staffing, avalanche protocol and emergency response by the guides and companies involved put Roberts in harm’s way and then left him without adequate help once the slide hit.
What the lawsuit alleges
The complaint accuses guides of urging the group to continue skiing despite what it describes as “freezing rain, high winds and heavy snow,” according to OKCFOX. Roberts was the fifth skier on a final run that had been spaced in one-minute intervals when the avalanche started as he descended, the filing states. The suit alleges guides could not locate him for about 10 minutes after the slide and that no automated external defibrillator was available once he was uncovered, which the family’s attorneys say undercut resuscitation efforts. Lawyers also contend the resort had moved away from relying on locally based guides who knew Mt. Bailey well before the 2023–24 season.
How the avalanche unfolded
The slide struck the north to northwest side of Mt. Bailey at about 3:45 p.m. during a cat-skiing outing organized through Diamond Lake Resort, according to KTVZ. Fellow skiers and two nurses who were on scene dug Roberts out and attempted lifesaving measures in the field, but he died in the remote location. The group then hiked roughly two miles to the nearest snowmobile trail, where they met resort staff and emergency responders.
Who’s named and what they're seeking
The lawsuit names Diamond Lake Improvement Company, California-based Sierra Wilderness Seminars Inc., and guides David Cressman, Rebecca Bastian and Jackson Kramer, and it seeks a little over $14.5 million, according to OKCFOX. The filing claims there were failures in judgment, staffing choices and on-mountain safety procedures that attorneys argue directly led to Roberts’ death. The family is asking the court to award damages for lost earnings, emotional distress and related losses.
Backcountry safety and local context
The case lands during an active and at times deadly spring for Central Oregon backcountry users, a reminder of how quickly conditions can turn in avalanche terrain. The Northwest Avalanche Center publishes daily regional forecasts and educational resources to help both individual recreators and commercial operators gauge avalanche risk and travel more safely, according to NWAC. Safety professionals note that guided outings come with added responsibilities, including matching terrain choices and plans to the snowpack, weather and the experience level of both guides and clients.
The wrongful-death case will move through the civil docket in Deschutes County, where both sides can file responses, exchange evidence and argue motions. As it unfolds, the written court filings will provide the main venue for the family’s allegations to be tested and for the defendants to formally answer in public view.
