VAIL, Colo. (CBS4) – Vail Resorts has filed court documents asking a judge to dismiss a wrongful death lawsuit.

Taft Conlin’s family filed the lawsuit after the 13-year-old died in an avalanche on Jan. 22 while skiing on Vail Mountain.

According to the Vail Daily, the company says the lawsuit should be dismissed “because the incident resulted from `inherent dangers and risks’ of skiing.” The company also said it’s protected because it didn’t violate Colorado’s Ski Safety Act.

(credit: CBS)

Conlin’s family claims Vail Resorts was negligent because a gate to a closed run called Prima Cornice was midway open allowing skiers to enter.

The U.S. Forest Service determined Vail Mountain was following procedures and permit requirements.