South Lake Tahoe, CA – A lawsuit has been filed against Heavenly Mountain Resort parent company Vail Resorts over a collision between an off-duty employee and a resort guest on the same slope that gave rise to a similar lawsuit over an event that occurred in 2011.

Elisabeth Benschop and her husband Calvin Fitzgerald, of Gardnerville, Nev., filed their lawsuit last week in U.S. District Court over the Feb. 22 incident. The lawsuit alleges that the couple were descending Heavenly’s Olympic run at the end of the day when Benschop was struck from behind by Andrea Ramos, 20, of Brazil. Ramos is a Vail Resorts employee hired under the U.S. State Department’s J-1 foreign visa program. She was scheduled to work at Heavenly through mid-March but was reportedly not on duty at the time of the occurrence.

The lawsuit alleges that the incident occurred in a designated slow skiing area and that Vail Resorts has refused to accept responsibility for the conduct of off-duty employees and does not provide liability insurance for foreign workers.

Benschop was allegedly knocked unconscious by the collision and claims head injuries from the incident requiring neurological care. The couple seeks at least $75,000 in damages via the lawsuit.

The lawsuit is similar in nature to one filed in December by Floridian Kimberly Bland, who alleges that Heavenly employee Daniel Barreno collided with her as he was snowboarding down the Olympic trail.