Posted Tuesday, May 3, 2005 6:07 PM | Contributed by Jeff
The family of Tamar Fellner, who died at Holiday World's Stark Raven Mad event two years ago, has filed suit against Holiday World and PTC. Investigations at the time indicated that Ms. Fellner may have unfastened her seatbelt and stood up on the ride. The suit brings claims for negligence, strict liability in tort, and breach of implied warranty against Philadelphia Toboggan Coasters and Holiday World's parent company.
Read more and get a copy of the complaint at MassTort.org.
I plan on suing the contractor who built the road, the government that approved it, and of course Toyota for making my seatbelts able to be unbuckled while in motion.
It sure as hell isn't my fault.
This is ridiculous. Its common sense. If you take off your seatbelt and stand up on a coaster, you are going to get hurt.
Sorry, I still have no sympathy for this person's foolish lack of judgement, and I hope the courts rule the same way. Its not tragic, its just plain dumb.
I think the investigation was fairly conclusive. I'm not a lawyer, but if the plaintiffs were able to win, it sets a dangerous precedent that makes the parks liable for rider misconduct. I mean, what becomes reasonable restraints? Welding people into a steel cage?
Any person should know the "risk and potential consequences" of unfastening a belt. If anything, the enthusi-ass in her made her believe she was oblivious to the consequences.
In my opinion (IANAL) Holiday World screwed up by setting a precedence and Ms. Felner screwed up by being ignorant.
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As a direct and proximate result of reading this complaint, I will now puke. The folks at Holiday World handled themselves with compassion and restraint throughout this whole ordeal. To this day I’ve never heard anything but heartfelt sympathy for this accident. For public relations purposes, they really are unable to defend themselves without looking like the “bad guy” to the general public who only remember that somebody died on Raven.
Let me be the first in line to say that I have zero remorse for Tamar Fellner. She is an idiot who suffered the fate of Darwinism. Out of respect for the family, I kept my unpopular opinion to myself when this accident happened. I used to have sympathy for the family members who lost a loved one, but now I have none. The fact that they would allow this proceeding to initiate places them somewhere between Son of Beast and the mud on my shoes.
It is this type of frivolous action that makes some of us cringe at the thought of the current status of the US judicial system. The fact that the good folks at Holiday World will have to suffer the financial, and more importantly the PR burden as a result of this unsavory money shakedown makes me sick. I fully expect Holiday World’s response to remain above the fray, as they really have no choice, but more importantly are just better human beings than I. I could never sit back and “put on a happy face” if such unwarranted and unreasonable comments and actions were directed toward me.
I certainly believe that in a just world there is no way a judge will ever take this case based upon the witness reports and the weakness of the complaint. However, who ever said this is a just world. I would not be shocked if Holiday World settles this out of court. They may have no better option to put this situation behind them. For the general sense of fairness, I certainly hope this case is laughed out of court.
*** This post was edited by Jeffrey R Smith 5/3/2005 7:38:13 PM ***
These are the times when our US justice system is a total joke. It's ok if they want to play the blame game, but at least get the participants right. She was to blame, and then, her fiancee, who if I remember right was sitting right next to her on the train. To blame the park, and the coaster maker! What a crock of crap! They've evidently found the right ambulance chaser for the job...I see $$$$$$$
Hang in there Koch's, we love you all! You're in our thoughts and prayers.*** This post was edited by Floorless Fan 5/3/2005 7:56:01 PM ***
I can't believe that this can even go forward with being this was over two years ago. There should be some sort of cut-off date for such frivilous lawsuits.
Not only do I hope the judge throws out this case, I hope that they hit up the family with some sort of fine and Holiday World sues the pants out of this family for slander on their part.
Holiday World is a family park and it only took one "enthusiast" to show the world that parks won't put up with it since Holiday World hasn't had the Stark Raven Mad event for a while now.
All my opinion, but people like this should be shipped off to Cuba to find out just how good they have it in the U.S.
I am surprised the family took this long.
I have not been to Holidy World yet, but I heard nothing but things about the owners. I hope they get through this.
The issue of a suit being filed is not itself a problem. An outcome that favors the plaintiff would be a problem.
Still really saddens me to see a family do something like this. Nobody wants to take responsibility anymore.
I agree with Jeffry R. here. I had that unpopular opinion as well. I do feel bad that someone lost their life, and people lost a friend/family member, but she brought this upon herself and this lawsuit, IMHO, is just wrong. Had Holiday World acted negligently (SP?), it would be different.
But I'm sorry, everyone knows not to unbuckle a belt on a ride to stand up. Heck, why not sue the teacher that didn't teach her to read a sign that says not to stand up.
I know I'm an enthusiast, and I may be biased, but this is Ludicrous.
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