By Marcelle Dibrell

The victims of a catastrophic air exchange ductwork collapse at a Colorado resort are seeking damages, according to a complaint filed at the end of March.

The case concerns massive injuries sustained by two people when a large portion of overhead steel ductwork collapsed onto a resort swimming pool that had 50 to 100 people in it. The incident occurred at the Gaylord Rockies Resort in Aurora on May 6, 2023.

The Aurora Fire Department said a total of six people were injured with the greatest injuries sustained by a man celebrating his granddaughter’s birthday and a 13-year-old girl who was staying at the resort to attend a regional gymnastics meet in which she was competing.

When the overhead ductwork collapsed, it “struck John Markiewicz in the head, driving his body into the concrete floor, shattering his skull, causing multiple rib fractures, a bruised heart, and a traumatic brain injury. He was unconscious when paramedics arrived, and his injuries were so severe, it is a miracle he is still alive today,” court papers state.

John and his wife, Patti, had

Gaylord Rockies Resort & Convention Center, Aurora, CO.

Image credit: https://www.marriott.com/en-us/hotels/dengr-gaylord-rockiesresort- and-convention-center/entertainment/water-park-at-gaylord-rockies/.

traveled to the resort from Florida to celebrate their granddaughter’s fourth birthday. John was standing on the pool deck when the heating and air conditioning ductwork — weighing thousands of pounds and surrounding the entire perimeter of the pool and deck — suddenly dropped 35 feet from the vaulted ceiling and landed directly on his head.

The ductwork continued to collapse, “section by section like dominos around the entire perimeter of the pool,” court papers state.

John was rendered instantly unconscious as black liquid flowed from the ducts over his head and body. His family members and bystanders attempted to stop his bleeding as paramedics arrived.

Nearby, a 13-year-old girl was relaxing in the hot tub to prepare for her gymnastics performance, which she planned to attend later that day. As she sat on the edge of the hot tub, the overhead ductwork shuddered before collapsing and landing on her side.

“The force of the blow knocked [her] several feet out of hot tub, onto the concrete floor. It broke her pelvis in half, shattered a hip, broke several ribs, and caused massive internal hemorrhaging,” court papers state.

She was rushed to a children’s hospital, where she received lifesaving treatment and surgery.

A total of 11 defendants are named in the lawsuit. The following names and roles in the incident outlined in the lawsuit include:

• Gaylord Rockies Resort & Convention Center.

• Marriott Hotel Services: Hotel manager.

• Aurora Convention Center Hotel: Owner of Gaylord Rockies Resort.

• RK Industries: Performed design, fabrication, and installation of mechanical systems during construction.

• M.A. Mortensen Companies: Performed general construction and management during construction.

• Welbro Building Corporation: Performed general construction and management during construction.

• Blum Consulting Engineers: Performed mechanical engineering work on the hotel during construction.

• CTL/Thompson Corporation: Performed structural engineering work on the hotel during construction.

• HKS: Architect of the hotel.

• Johnson Controls: Sold and installed dehumidification system in the hotel.

• Hotel Clean: Performed maintenance and cleaning of pool area.

• Ryman Hospitality Properties: Owner and developer of Gaylord Rockies.

Concerning the construction and functionality of the ductwork, court documents stated the following:

• “At the time of the incident, the suspended ductwork in the pool building improperly contained significant amounts of water” and the suspended ductwork “exhibited significant amounts of rust and corrosion.”

• “The suspension system was grossly insufficient to support the weight of the ductwork.

• “The HVAC system in the pool building was not properly exhausting.”

• “The air traveling through the HVAC system in the pool building was not adequately dehumidified.”

• With construction completed, the Gaylord resort opened to the public in 2018.

“Due to failures in the design, construction, material selection, maintenance, and monitoring of the HVAC system in the pool building, numerous components of the HVAC system, including hangers, cables, and clamps, corroded to such an extent that their structural integrity was compromised less than five years later.”

Concerning the maintenance and cleaning work performed by Hotel Clean (the maintenance company in charge of servicing the pool area), the plaintiffs stated that the company failed to inspect or take remedial action concerning the corroded ductwork, the proper humidity levels, and the water infiltration in the ducts. Plaintiffs also stated that the company improperly stored corrosive chemicals in the pool building’s mechanical room.

A local news channel reached out to the defendants and received a response from three.

Johnson Controls, whom the lawsuit stated installed the dehumidifier for the pool, said it is not their practice to comment on pending litigation.

RK Mechanical, whom the lawsuit names as the mechanical subcontractor for the resort, sent the following statement: “Our hearts go out to the individuals and families who were affected by this tragic event. RK Mechanical is fully committed to the investigation process and ensuring we provide our full support and perspective as to the facts of the case.”

Mortenson Construction and WELBRO Building Corporation also provided a statement: “Mortenson/WELBRO’s primary concern remains with those affected by this terrible incident. We are dedicated to thoroughly supporting the investigation into this matter and offering our insight into the facts and details of the situation.”

Whitney Traylor, the plaintiffs’ lawyer, said that there is clear evidence of negligence in a case like this.

“The real question is, who is at fault and what proportion?” he said.

He also said that a lot of lawsuits like this settle before they make it to trial.

“There’s video and there’s going to be compelling testimony; there were children that were damaged,” he said. “So this is going to be an extensive lawsuit. It’s going to be expensive either way.”