AURORA, Colo. — A lawsuit has been filed by victims injured when an HVAC system fell into a pool at Gaylord Rockies Resort in Aurora in May 2023.
Aurora Fire Rescue said six people were injured when a large portion of steel ductwork collapsed onto the pool below that had 50 to 100 people in it on May 6. Two of the victims were taken to the hospital with life-threatening injuries.
The lawsuit is against Gaylord Rockies Resort as well as 11 other defendants. 9NEWS legal expert Whitney Traylor went over the lawsuit and said with that many defendants, there will be a lot of finger-pointing if it goes to trial.
"Clearly there was some negligence because something like this doesn't happen without negligence," Traylor said. "The real question is, who is at fault and what proportion?"
The lawsuit claims that at the time of the collapse, the ductwork improperly contained a significant amount of water, showed a significant amount of rust corrosion on the internal surface and that the cable suspension system was grossly insufficient to support the weight of the ductwork.
"Due to failures in the design, construction, material selection, maintenance, and monitoring of the HVAC system in the Pool Building, numerous components of the HVAC system, including hangers, cables, and clamps, corroded to such an extent that their structural integrity was compromised less," the lawsuit says.
Viewer video below captured the aftermath of the collapse:
The lawsuit described injuries some of the victims suffered. One man who traveled from Florida for his granddaughter's birthday was driven into the concrete floor when the ductwork hit him, causing a shattered skull, multiple rib fractures, a bruised heart and a traumatic brain injury.
A 13-year-old girl from Arkansas who traveled for a regional gymnastics meet was knocked several feet out of a hot tub when the ductwork hit her while she was trying to escape, the lawsuit says. She suffered a snapped pelvis, shattered hip and several broken ribs.
She also suffered severe internal hemorrhaging that required several blood transfusions and emergency surgery. The lawsuit says she would have bled to death without immediate treatment.
Traylor says a lot of lawsuits like this settle before they make it to trial, and that it can be difficult to argue technicality when there's so much emotion.
"There’s video and there’s going to be compelling testimony, there were children that were damaged," he explained. "So this is going to be an extensive lawsuit. Tt’s going to be expensive either way."
The following have been named as defendants in the lawsuit:
- Gaylord Rockies Resort & Convention Center
- Marriott Hotel Services
- Aurora Convention Center Hotel
- RK Industries
- M.A. Mortensen Companies
- Welbro Building Corperation
- Blum Consulting Engineers
- CTL/Thompson Corporation
- HKS
- Johnson Controls
- Hotel Clean
- Ryman Hospitality Properties
9NEWS reached out to most of the defendants in this case and three have responded.
Johnson Controls said it's their general practice to not comment on pending litigation.
The lawsuit said Johnson Controls installed the dehumidifier for the pool, and it states the dehumidifier failed to warn of excessive humidity levels the plaintiffs believe contributed to the collapse.
RK Mechanical is believed to be the mechanical subcontractor for the resort. A previous announcement made by the company said they installed 75 miles of plumbing and 4,000 tons of air conditioning equipment. The company sent the following statement:
“Our hearts go out to the individuals and families who were affected by this tragic event. RK Mechanical is fully committed to the investigation process and ensuring we provide our full support and perspective as to the facts of the case.”
Mortenson Construction and WELBRO Building Corporation also provided a statement:
"Mortenson/WELBRO’s primary concern remains with those affected by this terrible incident. We are dedicated to thoroughly supporting the investigation into this matter and offering our insight into the facts and details of the situation."
The full lawsuit can be read below:
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