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$9.9M Awarded in Amusement Park Accident Lawsuit

This is a settlement for the Amusement Parks lawsuit.

Horry County, SC A $9.9 million settlement has been awarded in an amusement park accident lawsuit brought by a woman who suffered traumatic brain injury when she fell from a ride.

The lawsuit alleged that the defendant' gross negligence proximately caused the plaintiff to suffer traumatic brain injury. According to the lawsuit, the 44-year-old plaintiff fell from one of the rides owned and operated by the defendant, when the ride went into sudden deceleration. Several hours later, while at home, the plaintiff became nauseous, dizzy and began vomiting and losing neurologic functioning. Her husband rushed her to the local hospital where she underwent an emergency craniotomy.

It was later determined that the plaintiff had suffered an intracranial hemorrhage when she fell from the ride earlier that day. The long term results of the traumatic brain injury included an epilepsy seizure disorder, as well as left-sided hemiparesis and facial palsy.

The plaintiff and her husband sued the recreational amusement company for negligence, arguing overall that the reckless operation of the ride proximately caused the plaintiff to fall. Specifically, they alleged and were able to prove that the ride was being operated at twice the manufacturer' recommended speed of 15 miles per hour. The also provided post-injury measurements of the ride being consistently operated at a speed in excess of 30 miles per hour. Additionally, the couple challenged the enforceability of the defendant' liability waiver, suggesting it was ambiguous because its definition of "released activities"did not include the particular ride on which plaintiff was injured.

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Published on Aug-13-13


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