Family sues Paramount's Kings Island after guest struck by lightning in parking lot

Posted | Contributed by CoasterAaron

A Cincinnati lawyer has filed suit against Paramount's Kings Island on behalf of a family that says the park should have warned of an approaching storm and lightning that struck Shawn Perkins and caused significant brain damage.

Read more from The Cincinnati Post.

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Last year Kennywood had a sudden storm and it was the emergency shelter that blew over!!!!

If it was announced a storm was coming, where would tha patrons head . . . to their cars to leave!!!

It may be a "knee jerk" reaction to doubt the varacity of his claims for filing the lawsuit, but slimy ambulance chasers are that way for life.

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Every coaster is a labor of love that begins as a gleam in someone's eye!

I'm going to start a class-action lawsuit on behalf of all Americans with sensibility for the frustration and embarassment of having people like that out there.

I am also going to sue my local police department because the black and white colors of their patrol vehicles is to my disliking.

coasterqueenTRN's avatar

Super 7 said:

I sure that same woman would have been complaining if the coffee was NOT hot. Anyway, in my opinion, the settlement that that woman got amounted to nothing more than fraud and theft. And if you steal, you eventually pay for it one way or another. So she got a lot of money, when its her time to pay, she has got a lot of payback coming.

Im off my soapbox now, but this is a very sore subject with me. Its one reason EVERYTHING costs so much these days. I call law suits like these "white trash lottery". And when they win money like this, its US who pay through future price increases.

AMEN to THAT! Thank you! It's a very sore subject for me too. I could go on and on.

-Tina

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Feel The DragsterGasm....
www.intenserides.com*** This post was edited by coasterqueenTRN 6/18/2003 5:36:15 PM ***

If there is "a duty of ordinary care" there is "a duty of your very own personal care." Looks more like the lack of ones own "personal care" than "ordinary care." The park is not a center of weather safety, nor is any other public place no matter how much $ or little $ they have. Any type of unusual warning to all guests in the park would be an act of courtesy, not a forced duty. When it is actually written and forced to warn all guest during lightning storm then you can go sue whoever you want. But until then, I suggest the family and the lawyer to just fill out those suggestion forms and write to their governing officials. Also, I highly suggest they don't go back to Kings Island or any place that doesn't give weather warnings. hmmm... I guess that means there aren’t too many places for them to go now..... oh well.... better safe than sorry right?
Well after seeing spike lee win his lawsuit against TNN- Im not surpirsed by any law suit.
It's scary how the movie goers mentioned in the article actually won that lawsuit. Could they not see for themselves that the weather was looking rough BEFORE stepping right out into the storm? And I truly hope that the family does not win this lawsuit with PKI. It had to have been obvious that lightning may have been in the area...especially cloud to ground lightning. And it amazes me how the GP gets mad at ride ops for shutting down rides due to lightning in the area...and people come back with "but we don't SEE the lightning!" Then if something happens, they sue.

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-Vortex Crew 2003-

I didn't read many comments, but the person should be struck AGAIN as punishment for blaming the park.

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MAGNUM HURTS!!!!!!!
TTD WAS DOWN FOR COASTERMANIA!!!!!!!
I CAN'T MAKE A GOOD SIGNATURE!!!!!!!

Even with a warning system people don't listen. I was at PKI earlier this year during a severe storm. The park announces they have been notified of severe weather in the area with lightning and heavy rain. The storm hits and where does everyone go? They run to their cars. 100% of the park goers had been warned yet they all still went to the parking lot.

Outside of that this is a freak of nature. It is "luck", bad luck, but luck non the less. It is a rediculous suit when you are sued over something out of your control. Science is close, but predicting lightning is basically imposible. If you worked on probibility of lightning then you would be closed 50% of the time.

The way I see it this is a lose lose situation. The lawyer talks like the park should prevent visitors from leaving during storms. Think of the suits then. It's a matter of they have more money than I and I am going to hope for a lawsuit. To bad the legal ethics committee no longer exists. This is a reculous suit.

wahoo skipper said:

"If I get attacked by a gator should I be able to sue the State of Florida for allowing gators to live in the Everglades?"

You might as well. Here, in Ontario, there is a woman preparing to sue our government after contracting the West Nile virus. That's right, she's suing because the government didn't stop mosquitos from biting her.

Oh - and I know I'm gonna be Mr. Popularity for this - but I often use that McDonald's coffee case to defend civil suits. I've even used it on these boards. That situation was far more complicated than what you heard on the news - but we all know the media sacrifices accuracy for ratings, right?

Civil suits - not like the idiotic one we've been discussing - play an invaluable role keeping corporations in line, especially when it comes to sacrificing safety for profits. Without then, we'd still be driving Pintos with exploding gas tanks, companies would be dumping even more chemicals into our water, and, oh yes, fast food chains would still be serving coffee far too hot for human consumption, even after countless injuries and repeated warnings from the federal government.

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Age and treachery will always overcome youth and skill.

coasterqueenTRN's avatar
I agree with you somewhat , but there are tangible"civil suits" and "frivolous suits" that are disguised as so-called civil suits. There is a huge difference between a Pinto's gas tank exploding/some careless chemical plant dumping crap into our streams and some nitwit who wants to sue McDonald's because they think that McDonald's is responsible for forcing them to eat too many Big Macs and causing them to be overweight.

Should I sue 7-11 for drinking a Slurpee too fast and getting that much painful brain freeze? I think not.

-Tina

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Feel The DragsterGasm....
www.intenserides.com*** This post was edited by coasterqueenTRN 6/18/2003 8:58:08 PM ***

Actually I think my first post says it all. I liken this type of "law-suit" to the proverbial (chicken little effect). It truly is a sad state of affairs, for all involved. Safety, comman sense, who writes their material?? Luck is for rabbits.

Good LUCK too all, in the coming years.

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Take Me Higher

"You said it. That McDonalds law suit was one of the most bogus law suits in history. What freaking idiot would not know coffee is hot? Especially since the dumb*** was trying to drive a car and handle coffee at the same time. A pure idiot."

The pure idiot is the one who's ignorant enough to complain about a case he/she obviously does not have the details to. Take the time to educate yourself before you mouth off and continue to make a fool out of yourself. http://www.consumerrights.net/mcdonalds.html
http://www.atlanet.org/ConsumerMediaResources/Tier3/press_room/FACTS/friv olous/McdonaldsCoffeecase.aspx

-Nate

Thanks for that link, although I'd refrain from cavalierly calling people idiots. It's hard not to swallow some of the endless sludge the media/pop culture machine has put out (and this coffee story has acheived near-urban legend status); you've gotta be a pretty hardened, cynical bastard, like me, to question everything you hear, and most of what you see. And there's a downside to that too, you know.

"I wish I was like you, easily amused ..."

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Age and treachery will always overcome youth and skill.

What in the world is this? How is it the parks fault they got struck by lightning? This is the stupidest thing I have ever heard.....

"The pure idiot is the one who's ignorant enough to complain about a case he/she obviously does not have the details to. Take the time to educate yourself before you mouth off and continue to make a fool out of yourself. http://www.consumerrights.net/mcdonalds.html
http://www.atlanet.org/ConsumerMediaResources/Tier3/press_room/FACTS/friv olous/McdonaldsCoffeecase.aspx "

The stupid *ss woman was a passenger in a car. Fact is she opened the coffee in the car, and spilled it on herself. The cause of the accident was initially hers. Either the car was moving, or she was inept at handling a simple coffee cup. Just like this case above, even if the coffee was not too hot, should anyone with any common sense have an open cup of coffee in a car?

It looks like to me, both parties may have has some responsiblilty, and she wanted McDonalds to be entirely responsible, so they fought her.

Even with that being said, even a quarter of a million dollars is a ridiculous settlement for $20 k of medical bills. It was greed because McDonalds has deep pockets. Don't worry, we are the ones that pay for it when we go there.


*** This post was edited by super7 6/19/2003 9:55:25 AM ***

I THINK GOD SHOULD HAVE HIT THE MONEY HUNGRY LAWYER AND FAMILY THAT IS SUING WITH A LIGHTNING BOLT INSTEAD. THERE SHOULD BE A LAW AGAINST FRIVILOUS LAWSUITS WITH A HEAVY FINE IF YOU LOSE. IT WOULD STOP THE MADNESS. THE PARK DOES MAKE ANNOUNCEMENTS AND THEY MAKE SURE EVERYONE IS OFF OF ALL OF THE RIDES WHEN A THUNDERSTORM IS APPROACHING. THEY HAVE A GREAT SAFETY RECORD, BUT THEY CAN ONLY DO SO MUCH. THIS IS DEFINITELY A NATURAL EVENT, THAT WAS UNAVOIDABLE. FOR ALL WE KNOW, THESE PEOPLE WERE LEAVING THE PARK AND HEADING TO THEIR CAR TO GET OUT OF THE THUNDERSTORM BEFORE IT APPROACHED, AND WALKED RIGHT INTO IT. THE STORMS DO COME FROM THE WEST AND THAT IS THE DIRECTION THEY WERE HEADING. MAYBE, THEY SHOULD SUE THE FAMILY MEMBER THAT HAS NO DIRECTIONAL SKILLS AND SENT THEM WEST, INTO THE STORM INSTEAD OF EAST, AWAY FROM IT.
Super7, did you bother to read the pages I linked to or just skim through them? The car was *not* moving. She attempted to settle with McDonald's for *just $20,000* but McDonald's refused. McDonald's not only served their coffee 45-50 degrees *hotter* than what people get at other establishments and at home, but had more than 700 complaints from other customers who had received burns from their coffee being too hot. In fact, the temperature at which the coffee was initially served was not even fit for consumption because, at that temp, you're looking at immediate burns to the mouth and throat.

Even still, the jury *did* find Stella Liebeck partially responsible (that is, 20% liable) and the $200,000 awarded was reduced to $160,000. Additionally, there was $480,000 of punitive damages awarded, which was hugely reduced from 2.7 million.

Most "frivolous" lawsuits are not a single person or party suing a business, but large businesses suing other large businesses. Take a look here, it's a fascinating read: http://www.atlanet.org/homepage/bizvsbiz.aspx

Remember, civil suites are tried by jury. A "money hungry lawyer" can't get money unless a jury awards it - and juries are made up of people just like you and me. My guess is this case will get nothing, just like the "McDonald's is making me fat" case.

-Nate*** This post was edited by coasterdude318 6/19/2003 2:44:36 PM ***

Thought these were appropriate:

1. It was so cold last winter that I saw a lawyer with his hands in his own pockets.

2. Santa Claus, the tooth fairy, an honest lawyer and an old drunk are walking down the street together when they simultaneously spot a hundred dollar bill. Who gets it? The old drunk, of course, the other three are mythological creatures.

3. Why is it that many lawyers have broken noses?
From chasing parked ambulances.

4.Where can you find a good lawyer?
In the cemetery.


Its lawyers like that who drive up prices around the country for honest people. Each of them should be executed Pakasani style. Take them out back in an alley and off them.

Well damn, last time I ate at Pizza Hut the pizza burnt the roof of my mouth.

I better sue.

I have read countless thigns on the McDonald's incident. The fact of the matter is that HER actions caused her to do harm to herself.

It would be the same difference as if I bought a saw at Sears and cut my hand off. Sears knew the thing was sharp.

What the hell ever happened to personal responsibility and above all else COMMON SENSE!

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UnfrigginbelievablyIncredible

What's the difference between a dead lawyer in the middle of the road and a dead skunk in the middle of the road?

There are skid marks in front of the skunk.

We need some kind of a federal law that put lawsuits to the test before they go to trial and throws out the frivolous ones.

Suing cigarette manufacturers because you smoked their product and got sick. Even with all the warnings on the label.

Trying to sue gun manufacturers because a criminals use guns to shoot people.

Trying to sue fast food chains because you are too fat.

Suing a bar because they served you too much beer and you crashed your car.

Suing a railroad because you drove your car around the gates and got hit by a train.


What could be next? Suing the BIG THREE because they sell their cars to drunk drivers? Suing your cell phone provider because you were talking when you should have been driving? Where will it end?

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Lets go Drag racing.

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