What you are all wondering about is called "comparable negligence". That is when the plantiff has responsibility in the accident. The Judge/ Jury determines through the presentation of the trial the AMOUNT of comparable negligence the plaintiff has..
So then an award amount would be minus the percentage the plantiff was found to be liable for.
Example ; 500,000 award
Plantiff 50% negligent
adjusted award ; 250,000
The issue the plaintiff's attorney is going to argue is whether the operators of the ride knew they had an ongoing safety issue and failed to correct it. that is what the judge wants to know too..or he wouldnt have ordered Six Flags to provide the documents..and in THAT case, she may not have ANY compareable negligence because they had an ongoing problem.. that makes it into just a negligence issue.. and some states allow for "punitive" awards, financial awards given to the plaintiff to punish the defendant , that is usually when you see outrageous award amounts, and not ALL states allow for punitive damages..
And lets face it, 13 year olds are NOT always the brightest, most attentive audience.. with this in mind, she might have some comparable negligence, but then again was the ride operated correctly to account for that kind of rider? Did the park act within reason by allowing her to ride? Those are issues that will be settled during the trial.
And anyone would sue if injured, even just to recover medical expenses ......please... taken a ride in an ambulance lately? $500 a pop!
BTW, Most of these companies wont settle untill trial begins, its called the game of "chicken". At this point this case is in the "discovery" process and they are just gathering information (both sides). This is not the FULL trial yet... that is why Six Flags has the time line they have to get the documents to the Judge.
*-BB-*
*** This post was edited by BB on 8/15/2001. ***