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Climber’s family sues County for negligence and wrongful death

June 2, 2018

Larry Berteau/MT

John Jenkins, 32, of Seattle, was the 106th recorded climbing death on Mount
Hood, and the first in nearly two years.

He fell from the Hogsback ridge May 7, 2017, skidded approximately 600 feet
and was later pronounced dead at a Portland hospital, as reported in The
Mountain Times in the June 2017 issue.

One year hence, Clackamas County, Clackamas County Sheriff and Clackamas
911 have been named as defendants in a lawsuit involving the climber’s
death.

“First and foremost, the county wants to extend condolences to the Jenkins
family,” County Public Information Officer Tim Heider wrote in a May 15
county press release. “Climbing the wilderness area of Mount Hood is an
inherently dangerous activity that sometimes results in the loss of life. When
all the facts are presented, the county is confident they will show that the
Clackamas County Sheriff’s Office (CCSO) and our C-COM 911 Department
responded appropriately to this tragic accident.”

The Jenkins family suit claims that the death could have been avoided, saying
the rescue helicopter arrived too late. The suit seeks $5 million in
noneconomic damages and $5 million for loss of future income, plus costs and
disbursements in an amount to be determined, citing the rescue was a case of
negligence and wrongful death.

The lawsuit, filed by Portland attorney Jane Paulson in Circuit Court, states
that “Clackamas County 911 transferred the call to CCSO. Connie Haider from
the CCSO did not call for help and told the caller to contact Timberline ski
patrol despite being told the climber was a climber, not a skier and was
outside the ski area.”

The first call came in at 11:26 a.m. of the climbing accident, according to
information The Mountain Times received from the CCSO.

According to the lawsuit, “at approximately 10:48 a.m. a call was received by
Clackamas County 911 reporting the fall and Clackamas County 911
transferred the call to CCSO. Connie Haider from the CCSO did not call for
help and told the caller to contact Timberline ski patrol. At 11:25 a.m. a call
was placed by Timberline Ski Patrol to Clackamas County 911 (which)
transferred the call to CCSO. At 11:37 a.m. Portland Mountain Rescue (PMR)
asked Timberline Ski Patrol to request a helicopter. At 12:11 p.m. PMR told
CCSO that a helicopter was needed. At 12:29 Oregon Emergency Management
called Oregon National Guard to request a helicopter. At 3:11 p.m. the
helicopter arrived at the scene. As the helicopter arrived and attempted to
secure plaintiff into a basket and lift him to the helicopter, he stopped
breathing and lost his pulse.”

The lawsuit continues, claiming defendant Clackamas County was negligent in
one or more of the following particulars: (a) in failing timely request of a
helicopter to the fall site; (b) in failing to tell the climbers and rescuers to do a
ground rescue; and (c) in routing the calls on the mountain about plaintiff’s
rescue to improperly trained community services officer.

“The county is very proud of the fine work of the women and men who are
involved in search and rescue efforts,” Heider wrote. “They risk their lives to
save the lives of others.”

As this litigation is pending, county officials will not be conducting media
interviews around this issue, according to the press release.

Climber rescue
On Saturday, May 26, rescue units plucked another injured climber from
Mount Hood.

Volunteer rescue climbers from Portland Mountain Rescue made contact with
35-year-old Joshua Hawk near Hogsback Ridge. Rescuers verified that the
climber was in serious but stable condition.

But it took nearly 10 hours to deliver Hawk to a waiting helicopter at
Timberline Lodge due to high winds that reached 50 knots, delaying helicopter
access to the area. He was subsequently transported to a Portland hospital. As
of Tuesday, May 29, Hawk remained in serious condition.

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