Dori Kagan v. Wild Rivers
Published: Oct. 30, 1993 | Result Date: Oct. 13, 1993 | Filing Date: Jan. 1, 1900 |Case number: 667851 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Michael L. Amaro
(Amaro Baldwin LLP)
Experts
Plaintiff
Rick F. Pospisil
(medical)
George E.T. Lawniczak Jr.
(technical)
Defendant
Glen H. Egstrom
(technical)
Facts
Plaintiff, a 33-year-old female property manager was injured after riding a waterslide at Defendant Wild Rivers water park in Irvine, California. The slide "The Bombay Blaster" was an underground enclosed flume ride, with a 32.5 inch diameter which ejected patrons into the air 2.5 feet above a deep splashdown pool at speeds in excess of 20 m.p.h. Defendants expert estimated Plaintiff's speed at entry into water as 24 mph or 35 feet per second. Plaintiff was specifically instructed not to cross her ankles as she wanted to do, but rather to keep her legs together. As Plaintiff exited slide her feet were not together and she entered the water with her legs apart. Defendant had modified similar flume ride (not underground) to ensure patrons could ride with ankles crossed. Patrons riding ride adjacent to "Bombay Blaster" and using same splashdown pool were instructed to cross ankles.
Settlement Discussions
Defendant contends their offer was $20,000 at the MSC and Plaintiff's demand was a statutory $225,000. Plaintiff contends their demand was a statutory $225,000 and Defendant made no offer.
Specials in Evidence
$32,699 $5,400
Injuries
Herniated lumbar disc which required a laminectomy; Plaintiff had continuing complaints due to scar tissue build up at the nerve root.
Deliberation
5.5 hours
Poll
9-3
Length
5 days
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