A Wyoming judge has thrown out a lawsuit alleging the National Park Service is responsible for the life-threatening burns suffered by a Utah man after he mistakenly jumped into a scalding thermal pool at Yellowstone National Park nearly four years ago.
The dismissal comes less than two weeks before a jury would begin hearing Lance Buchi's case against the federal government.
Buchi sued the park service and the U.S. Interior Department in June 2001, claiming the agencies failed to properly warn him and two other Yellowstone employees of the dangers posed by the high-temperature pools.
Buchi and Tyler 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.
Buchi's attorney, Steven Choquette, confirmed Thursday that the case has been dismissed but declined to specify the grounds for the dismissal because U.S. District Judge William Downes has not yet issued a written ruling on the motion.
Assistant U.S. Attorney Nicholas Vassallo also declined to discuss the judge's ruling.
Attorneys learned of Downes' decision during a Wednesday telephone conference, which was originally planned to finalize details for the upcoming jury trial.
The lawsuit alleges the agencies were negligent because they failed to close the trail leading directly to the thermal pools at night, did not warn people that trails are dangerous and did not caution people that the pools cannot be recognized at night. The agencies also misled the public by cautioning walkers to stay on the trails, according to the suit.
Government attorneys have maintained Buchi's injuries were a result of his own actions and that he is not entitled to compensation.
"Any injuries incurred by (Buchi) were caused by his own negligent acts and omissions, including unlawfully walking in a thermal area off any boardwalk or trail," court documents state.
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. At one point, the suit states, they saw what they believed to be a thin ribbon of water crossing the path and attempted to leap over it.
But instead of landing on solid ground, the three plunged into a scalding thermal pool. 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 water.
Buchi and Montague spent three months at University Hospital's Intermountain Burn Unit. According to the lawsuit, Buchi's medical expenses exceed $1 million and are expected to increase steadily throughout his life.
E-mail: awelling@desnews.com