This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Non-Vehicular)
Amusement Park Accident
Water Slide

Dori Kagan v. Wild Rivers

Published: Oct. 30, 1993 | Result Date: Oct. 13, 1993 | Filing Date: Jan. 1, 1900 |

Case number: 667851 –  $0

Judge

Richard W. Luesebrink

Court

Orange Superior


Attorneys

Plaintiff

Raymond J. Mosher


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


#113690

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390