Parents of drowned girl sue her employer

By EVE BYRON - Independent Record - 07/02/08

The parents of a girl who drowned in the Yellowstone River in 2005 have filed a wrongful death lawsuit against Xanterra Parks and Resorts, saying the company should have better supervised its underage employees and prohibited them from drinking alcoholic beverages.

A Ford Explorer owned by Candace May Kellie, 19, was pulled from the Yellowstone River near Tower Junction in the Yellowstone National Park on June 29, 2005, and her remains were found in the river Sept. 17, 2007.

According to documents filed in federal court last week, her parents, Mike and Oleta Kellie of Belgrade, said that when Candace first applied for work in Yellowstone Park as a wrangler for Xanterra, the company promised that underage workers weren't housed with those 21 and older.

In addition, the parents were advised that employee housing would be supervised by Xanterra and that consumption of alcohol by underage employees would not be tolerated.

That worked for the first year, her parents stated, but in 2005, Candace was assigned to employee housing at Roosevelt Lodge, where drinking was allowed.

"… Xanterra's employee housing at Roosevelt Lodge in the summer of 2005 had a reputation for partying, including the consumption of all sorts of alcoholic beverages by Xanterra employees, both over the drinking age and under the drinking age," according to the parents' lawsuit.

They claim that on June 28, 2005, a party was under way at the Lodge, and a security guard told the employees to turn down their music.

The parents say it was obvious to the security guard that employees were drinking, yet they weren't disciplined even if they were underage.

Shortly after midnight, Candace Kellie apparently argued with another employee, then got in her car and drove toward the east entrance of Yellowstone Park.

She lost control after crossing the Yellowstone River bridge, and the vehicle entered the river.

The parents want a jury to award them an unspecified amount for Xanterra's alleged negligence in supervising its employees, not separating those who are younger and older than 21, and allowing the "excessive consumption of alcohol" by its employees. They also are seeking compensation for severe emotional distress 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 on Tuesday.

Xanterra officials didn't return a telephone call seeking a comment on the lawsuit.

Reporter Eve Byron: 447-4076 or eve.byron@helenair.com

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Reader Comments:

AL 0^2 wrote on Jul 2, 2008 6:00 PM:

" This is Sad.
It is always tragic to lose a loved one... even more so when it was due to drunk driving.

If she was over 18.. the people at Xanterra do not have to follow the wishes of an employees "Parents" the employees can choose where they would like to stay, choose if you would like to drink, and sadly "she" choose to drive drunk.

its sad and very tragic
but her own fault and no one elses

(if they need someone to blame that badly, maybe they should blame themselves for not teaching her how to be responsible) "

barest wrote on Jul 2, 2008 10:44 AM:

" It is a very tragic story, but wasnt she in fact an adult? She didn't HAVE to drink or even be there where the drinking occurred. "

Kasers5282 wrote on Jul 2, 2008 10:40 AM:

" Why is it always someone elses fault? The kid was in the wrong by drinking the alcohol, she was old enough to say no. "

rlabelin wrote on Jul 2, 2008 10:39 AM:

" Was she over 18? Was she on the clock? Did the company supply the alchohol? Drinking and driving is wrong at any age. When we hold society responsible for the actions of our children it becomes painfully obvious that society is rarely there to change the individual mindset. It is always tragic to loose a loved one. It is also a tragady to insist that the damage continue beyond the accident, and to force the damage to reach outside of the actual elements involved. If your upset that your child learned a bad word at daycare is it the daycares fault for not catching it as it happened? Or maybe you take responsibility and teach your child not to use that word. "

helena_man wrote on Jul 2, 2008 7:41 AM:

" Of course it is the fault of someone else. "


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