After a harrowing nightmarish scene in which a family witnessed a 3 year-old boy die when he fell from a roller coaster, the family, as well as the deceased child's own family, have filed lawsuits, as reported by the Courthouse News Service, the Huffington Post and the Chicago Sun Times.
The S. family filed their lawsuit in Cook County Court naming both the roller coaster manufacturer and the amusement park as negligent. The complete list of defendants are: Go Bananas LLC, E&F Miler Industries, Miler Coaster Fabrication, and Miler Coaster.
The four-member S. family all rode the Python Pit roller coaster together on April 2 at about 7 p.m. The S. family rode in one car behind three-year-old twins from the D. family that rode in the front car.
According to the lawsuit, "…as 'the Python Pit roller coaster' started in motion (J.D.) became agitated and started screaming for his mother and for the ride to be stopped. During the second lap around the track (J.D.) became freed from the safety harness of his car, and stood up in the car he was occupying so that he was facing the car" that the S. family rode in.
The S. family, along with "several other patrons of 'Go Bananas' witnessed (J.D.) standing in the car he was occupying and started yelling for the staff at 'Go Bananas' to stop the ride. The Python Pit Roller Coaster' continued past the starting point for its third lap while (J.D.) was standing in the first care of the roller coaster facing the second car of the roller coaster despite the fact that several patrons including the plaintiffs were yelling for the ride to be stopped."
The S. family "all attempted to lean forward out of their cars to calm (J.D.) down and convince him to sit back down in his car" as the cars went around for a third time "J.D. fell down between the first and second car…"
As the cars went around the track for a fourth time the S. family "saw, heard, and felt the cars of 'the Python Pit roller coaster' roll over (J.D.)"
Then the coaster did a fifth lap – and the S. family was subjected to hearing the cars go over J.D. again.
According to reporters with the Chicago Sun Times, J.D. died from his injuries the same day.
The Sun Times also reported that the Department of Labor performed an inspection after the accident and did not detect any design or maintenance problems with the Python Pit roller coaster. However, owner J.M. and manager J.H. were charged with violating the Carnival Rides and Amusement Safety Act – as discrepancies were found in their records keeping at the park.
While the S. family is seeking damages for negligence and emotional distress, the D. family is suing Go Bananas for wrongful death as the ride operators failed to stop the ride before their son was killed.
Patrick Salvi, the attorney for the D. family said, "The parents ... who were there, saw that little (J.D.) was standing up in the ride and began screaming to the operator to stop the ride. By her (the operator's) own statement to police, it would not stop."
Witnesses to a wrongful death can only help with a lawsuit. If your loved one was killed contact a personal injury lawyer for help.