According to the wrongful death lawsuit, Kellner was seriously injured but alive after the crash. And the lawsuit does not provide details on the nature of his injuries or his cause of death.
The lawsuit also claims that an emergency location transmitter installed in the helicopter did not activate on impact, further raising questions about the response and actions of the companies involved.
The sole survivor of the crash, Czech snowboarder David Horvath, is also separately suing the lodge over injuries he suffered.
Horvath’s attorney, Tracey Knutson, stated that Kellner and a guide lived through the impact but died before rescuers arrived.
Horvath was trapped in his seat for nearly six hours, suffering from broken ribs, dislocated knees, and frostbite that resulted in the loss of fingers on both hands.
The lawsuit brings attention to the risks and responsibilities associated with the popular extreme sport.
As the case unfolds, the National Transportation Safety Board is expected to release a final crash report later this year.