Family of drowned girl sues employer

By The Associated Press - 07/03/2008

HELENA (AP) — The parents of a 19-year-old girl who drowned in Yellowstone National Park in 2005 are suing the park’s concessionaire, saying it failed to properly supervise its underage employees.

Mike and Oleta Kellie of Belgrade filed the federal lawsuit against Xanterra Parks and Resorts last week in Billings.

The lawsuit says that when Candace Kellie first applied to work for Xanterra in 2004, the company promised that underage workers weren’t housed with those 21 and older and that underage employees would be fired if they were caught drinking alcohol.

The lawsuit says the second year Kellie worked for the park, she was housed with older workers and that a Xanterra security guard and Xanterra supervisor were aware that underage employees were drinking on June 28, 2005, but did not discipline them or remove the alcohol.

Shortly after midnight, Kellie had an argument with another Xanterra employee and left the party. She lost control of her sport utility vehicle after crossing Yellowstone River. The vehicle went into the water and Kellie drowned.

On Sept. 17, 2007, a human skull was found in the Yellowstone River in Montana’s Park County. DNA analysis, released in May 2008, determined the skull was Kellie’s.

The lawsuit seeks damages for wrongful death, emotional distress for Kellie’s parents and punitive damages.

“Candy was a beautiful young girl who need not have died if Xanterra had adequately supervised its employees,” Gig Tollefsen, the attorney for the Kellie family, said Tuesday.

Xanterra officials couldn’t be reached for comment.