Story Created: Sep 22, 2012 at 11:16 PM MDT

Story Updated: Sep 22, 2012 at 11:18 PM MDT

VAIL, Colo. (AP) – Vail Resorts has asked a judge to dismiss a wrongful death lawsuit filed by the parents of a 13-year-old boy who died in an avalanche while skiing at Vail Mountain.

The Vail Daily ( ) reports the company filed court documents Thursday, saying the lawsuit should be dismissed “because the incident resulted from `inherent dangers and risks’ of skiing,” and the company is protected because it didn’t violate Colorado’s Ski Safety Act.

Taft Conlin’s family claims Vail Resorts was negligent and created an avalanche trap that killed the boy. Officials say a gate was closed at the top of the mountain, but it was open midway, allowing skiers on the trail.

The U.S. Forest Service determined Vail Mountain was following procedures and permit requirements when Conlin was caught in an avalanche in the Prima Cornice area Jan. 22.