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A man says he suffered brain damage from the Blazing Fury indoor ride at Dollywood in 2000, and is suing the park for $20 million. "It's a complicated case because of the medical injuries involved," said Mark Gratz, the plaintiff's attorney. "It took some heavy hitters to analyze the medical records."
Read more from Court TV.
Welcome to America, people. Where anybody can sue anybody.
Isn't there a statute of limitations against filing lawsuits against claims like this of something like three years?
Except...
IF Blazing Fury was too much for him, he should have just stuck to the shows and shops, because, God forbid, he would have attempted to ride anything like Thunderhead or even Tennesee Tornado he would surely have been broken in two on the spot.
I personally would like to see how the plaintiff accounts for all of the time around the alleged injury. What else did he do that could've caused it, or if it was just plain pre-existing?
They better not settle this one just on principle.
Can a person suffer serious brain hemorrhage from it too? Sure! The same way a person can suffer a brain bleed from a fall.
But only--and ONLY--if their reflexes/reaction time have been slowed and their blood properly thinned through chronic alcohol abuse.
Any DWIs will be public record.
Any of the usual spotty employment history will be found out through discovery.
And any previous drug and alcohol treatment taken will also be found out through discovery.
Once the case goes to trial everyone will know who he really is..because those items will then become PUBLIC RECORD too.
Why should the lawyer care? He's probably taken the case on contingency. The plan is to rattle the saber and play for an out-of-court settlement. He'll get chased out of court if it ever goes to trial (it won't), but at least he'll get more clients even if he loses. He's already made a good headline, right?
-'Playa
"It took some heavy hitters to analyze the medical records."
Translation: we had to look long and hard for someone willing to play ball, because claiming loss of sensation was caused by a single action five years prior is a tricky thing, indeed.
*** This post was edited by Brian Noble 8/16/2005 9:28:12 AM ***
The judge should throw this out on principle. Although, if Dollywood DID cause this, there should be hospital records for his "treatment" that appear right after his trip.
Not to mention he'll have to PROVE that A) he went to Dollywood when he says he did and B) that he did in fact ride the ride. Those could be pretty difficult items to prove. Add this to Playa's items above (should the park be able to prove those) and there isn't really a reason why he should win.
Miller's wife, who is also a plaintiff in the suit, is seeking an extra $2 million for the loss of her husband's consortium and other "tangible benefits" including "love, affection, attention, caring and companionship."
Doesn't this happen to a lot of people married for more than a few years?
:-)
-Tina
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