Lance Buchi has sued the government in federal court nearly 10 months after he and two other Yellowstone National Park employees mistakenly leaped into a scalding thermal pool, which killed a young woman and severely burned Buchi and his friend Tyler Montague.
The lawsuit, filed June 12 in U.S. District Court in Cheyenne, Wyo., contends the National Park Service and its parent agency, the U.S. Interior Department, were negligent because they failed to close the trail at night, did not warn people that trails are dangerous and did not caution people that the thermal pools cannot be recognized at night. The agencies also misled the public by cautioning walkers to stay on the trails, the suit says.
The suit seeks an unspecified amount for damages to cover Buchi's medical costs, which already exceed $1 million and are expected to increase steadily throughout Buchi's life.
Buchi and Montague, both 18 at the time, suffered burns to more than 90 percent of their bodies after the near-fatal Aug. 21, 2000, leap into a 178-degree pool. The third member of the group, 20-year-old Sara Hulphers, died from her injuries.
Messages left at the Buchi home and at his attorney's office in Salt Lake City were not returned before press deadline today.
Liz Montague, Tyler's mother, said her family does not anticipate filing a similar lawsuit, nor does she expect Hulphers' family — with whom she keeps in close contact — to sue.
The trio had been swimming in the Firehole River with five others and became separated from the group while walking back in the dark through the Lower Geyser Basin, the area of the park that includes Old Faithful geyser. The hot springs area does not have a trail, only a worn path used by employees. No one in the group had a flashlight.
Liz Montague said today the trio thought they were hopping over a narrow rivulet of runoff from nearby geysers and thermal springs. But the area turned out to be Cavern Springs, which is about 10 feet deep, 10 to 15 feet wide and 18 feet long.
Buchi, of Holladay, and Montague, of Salt Lake City, managed to keep their heads above water and pull themselves out of the hot pot. Hulphers, of Oroville, Wash., was unable to get out of the pool.
The young men were taken by ambulance to the West Yellowstone airport, where they were flown to Idaho Falls. From there, they were flown to University Hospital's Intermountain Burn Unit.
Upon their arrival, doctors gave the two Utah men a grim 30 to 40 percent chance of survival. However, both were released shortly after Thanksgiving Day, 14 weeks after the accident.
Though recovery is slow for both men, Liz Montague said they are getting better everyday. Tyler Montague, now 19, is still in physical therapy and is aiding his recovery by biking and hiking when possible.
"It's still really hard for him, too, but he is determined to put it behind him and go on with living," Liz Montague said. "He's really got an amazing attitude and I respect him thoroughly. I respect his willingness to take responsibility for the accident, and I respect his wanting to own his own life and take it back."
The Montague family remains close with Buchi's family, and the two young men see each other often, she said.
Park officials declined comment today on the suit, saying it is considered pending litigation. But park officials have said it is simply impractical if not impossible to protect visitors from the thousands of thermal features and other dangers that lurk in the natural setting of Yellowstone.
Rangers at park entrances give visitors information and warnings about the hot springs. Summer workers in the park usually undergo orientation sessions that include briefings on the dangers posed by hot springs and other park features.
According to park officials at the time, the accident marked the first time someone had died due to injuries suffered in a hot springs in Yellowstone since 1988.
Contributing: The Associated Press
E-MAIL: awelling@desnews.com