The parents of a 9-year-old boy who died skiing at Mt. Bachelor ski area in 2021 have filed a $49 million wrongful death lawsuit against the resort and its parent company, Powdr Corp.

Brian and Angela Boice of Tacoma, Washington, are seeking compensation for the death of their son, Brecken, who slid down one of the ski area’s slopes and crashed into rocks.

The suit, filed Aug. 2 in Deschutes County Circuit Court, alleges conditions on the day of Brecken’s death were extremely icy and the chairlift and ski runs near the summit should not have been open.

“The negligence and/or fault of defendants (caused) Brecken Boice to incur pain and suffering and terror during his fall and prior to the time of his death,” reads the lawsuit.

The 10-page lawsuit contains a more detailed version of events than had previously been released by authorities or Mt. Bachelor.

On Jan. 16, 2021, Brian, Angela, Brecken and his younger brother, Toren, were vacationing in Central Oregon with another family. Brecken had skied since he was 4, though never at Mt. Bachelor.

Around 2 p.m., Brian and Brecken rode the Summit Express chairlift to access the “blue,” or intermediate, runs near the top. According to the lawsuit, resort employees at the bottom told them conditions at the summit were good, with minimal ice buildup. But when Brian and Brecken got to the top, they encountered severe ice at the unloading area, according to the complaint.

“Before they were able to investigate the run most compatible with their abilities and the conditions, Brecken fell and started to slide down the mountain, gaining speed and impacting rocks and other obstacles on or near the run,” the lawsuit states.

Brian Boice tried to stop his son’s slide but was unable to reach him in time. Brian Boice began his own uncontrolled descent and slid down the Healy Heights run, losing clothing and hitting rocks and other objects while watching his son do the same.

“He heard his son’s screams as Brecken continued to hurtle down the icy slope,” the lawsuit states.

After coming to a stop, Brian Boice followed a trail of blood to his son’s body, where he desperately tried to comfort the boy and protect him from other skiers who had lost control on the ice and were hurtling toward them, the lawsuit states.

During the slide, Brecken’s skis and helmet were ripped off, as were articles of clothing. The lawsuit states he slid to the bottom of the run without stopping, the impacts to his head and body inflicting “devastating” injuries.

Brian Boice called 911, begging for help. Ski patrol employees arrived approximately 12 minutes later and called for emergency helicopter transport. Brecken was taken by Life Flight to St. Charles Bend, where staff attempted to save his life. He died later that day. The lawsuit states the ski area was negligent and failed to protect Brecken when it kept the chairlift and runs open.

A spokesman for the resort did not return calls seeking comment on Monday.

There have been seven ski-related deaths there since 2018. Three of those came in accidents last winter.

Bend construction project manager Ted Speer, 60, and retired Portland PE teacher Tom Schuberg, 66, both struck trees while traveling at high speeds on the same weekend in February. Seattle venture capitalist Birkan Uzun, 28, fell in a tree well two months earlier.

Brian and Angela Boice are civil attorneys who run the business and construction-focused Boice Law Firm in Tacoma.

Brecken Boice attended St. Patrick Catholic School in Tacoma. He would have turned 11 on Friday.

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