VAIL, Colo. (CBS4) – A wrongful death lawsuit against Vail Resorts will move forward. A district court judge rejected a request to dismiss the lawsuit.

Taft Conlin’s family filed the lawsuit after the 13-year-old died in an avalanche on Jan. 22, 2012 while skiing on Vail Mountain.

(credit: CBS)

Vail Resorts argues 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.

The Colorado Supreme Court also ruled that avalanches should be deemed an inherent risk of skiing but a judge ruled that is not applicable in this case because of the signs on the run.

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.