Teton Village, WY – The widow of a victim killed in a 2008 avalanche has sued Wyoming’s Jackson Hole Mountain Resort for wrongful death.

Christine Nodine refiled her case in Wyoming’s 9th District Court last week after a federal court dismissed her lawsuit without prejudice on the grounds that David Nodine’s season pass agreement requires disputes to be filed in state court. David Nodine, 31, died when an in-bounds avalanche swept through the resort’s Toilet Bowl on Dec. 27, 2008.

Toilet Bowl and the resort’s entire upper mountain had been closed for two days leading up to the incident. The lawsuit alleges that the ski resort failed to warn Nodine of the avalanche risk present at the time and failed to adequately control the avalanche risk on the slope. Patrollers reportedly detonated explosives in Toilet Bowl on the day of the slide, without any visible results.

The family resided in Wilson, Wyo. at the time of the death, but Christine Nodine and the couple’s child now reside in Texas.