Family sues Kings Island theme park for "act of God" lightening strike

The Cincinnati Enquirer ^ | Thursday, June 19, 2003 | Erica Solvig

[yankeedame]

Thursday, June 19, 2003

Kings Island sued by family

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By Erica Solvig
The Cincinnati Enquirer

A Laurel, Ind., family is suing Paramount's Kings Island, claiming the park failed to warn them of an electrical storm during a June 2001 visit.

The suit, filed last week in Hamilton County Common Pleas Court says Shawn Perkins was hit by lightning in the parking lot as he and his family left the park.

"A bolt of lightning hit the car, touched him, threw him several feet and blew the tires," said Drake Ebner, the family's attorney. "A lot of voltage passed through his brain."

Perkins is still being treated for cognitive deficit and severe memory loss. Ebner said Perkins once was gone for three days because he loses track of time. Perkins also has a fear of being outdoors.

A Kings Island spokesman said Wednesday morning that park officials had not had time to look over the suit and had no comment.

The Perkins family is suing the park, located in Mason, for at least $25,000 plus punitive damages. They have demanded a jury trial for the civil suit.

Kings Island has its own weather station and does warn patrons when inclement weather comes into the area. The suit claims the Perkins family was not warned during their June 12, 2001, visit.

"The case is one that I suspect will draw some criticism," Ebner said. "At first, people are going to say 'Isn't this an act of God?' But in fact, amusement parks across the country watch the weather. ... They do have the duty to warn people in the park.

"We think the tragedy that happened here was avoidable," he said.

E-mail esolvig@enquirer.com

[dead]

"A lot of voltage passed through his brain," said Drake Ebner, the family's attorney.

What’s your excuse, Drake?

[Khepera]

Jackpot!!!


The high voltage through his brain obviously has had some effect.

[Constitutionalist Conservative]

But in fact, amusement parks across the country watch the weather. ... They do have the duty to warn people in the park.

...thus relieving the customers of the grueling task of looking up in the sky to see what all of that racket is about.

I hope they do not succeed.

[Zavien Doombringer]

I suppose the inclement weather didn't give them any idea that there was lightning in the area? Since when did Park Officials have to become fortune tellers to know when an "act of God" os going to happen?

It's the parents fault for not knowing that lightning is attracted to Metal, tall objects and can be conducted by standing water on the ground...

[Izzy Dunne]

It's his fault.
It's her fault.
It's their fault.
It's it's fault.
It's not my fault.
Who said it was my fault?
It's not my fault.
It's his fault.
It's her fault.
It's their fault.
It's it's fault.
It's not my fault.

[Chad Fairbanks]

Family sues Amusement Park for 'Act of God', because God is not sueable...

[MEG33]

It's not that simple.I wonder if they are naming God as an unindicted co conspirator.

[SouthernFreebird]

Ok here in NC when we get a storm there is usually a darkening of the sky, thats our first clue.....then we pretty much hear the thunder coming our way and the lightening flashes.

Do any of ya'll have storms sneak up on you? is it possible?

[csvset]

Insane in da membrane.. crazy insane, got no brain!

[dufekin]

Lightning has been known to strike as much as 20 miles from the thunderhead. Such "bolt from the blue" events are dangerous and unpredictable in part because the storm is too far from the strike point to be seen.

[Labyrinthos]

Ebner said Perkins once was gone for three days because he loses track of time. Perkins also has a fear of being outdoors.

Given his fear of the outdoors, they should not have had difficulty finding him. Bext time he goes awol, they should check under the bed or the closet.

[New Horizon]

Perkins also has a fear of being outdoors...

That's understandable.

[Pyrion]

I once enjoyed a lightning storm at King's Island. Great fun.

(No sarcasm intended -- I love bad weather. :))

[CindyDawg]

Sad thing is that the insurance company will settle to avoid court costs and possible higher awards from a jury of "poor man"s.

[Spiff]

When I was a kid we used to go to Kings Island every year. I remember one year when a severe storm rolled in. Suddenly, it was like a disaster movie or something. People running, screaming in every direction. We were on the log plume ride when we saw it rolling in. By time we could get off the ride it was upon us. We finally sought shelter under an awning in the central area of the park by the 1/3rd scale Eiffel Tower there. We saw lightning hit the tower more than once. A tornado warning was announced and we ran to our car to get the heck out of there. We kids rode out the remainder of the tornado warning swimming in the indoor pool at the hotel. Ah, memories...

[Freedom4US]

I am thoroughly convinced lawyers *would* sue God, if they only knew how. I'm sure it's crossed their minds, since God is the proximate cause for EVERYTHING.

[BlueLancer]

"Insane in da membrane.. crazy insane, got no brain! "

Groucho: It's alright - that's in every contract. That's what they call a "sanity clause".
Chico: Ha ha ha ha ha! You can't fool me - there ain't no Sanity Claus.

[RedBloodedAmerican]

Well, this sort of thing can't happen at Disney, because God's not allowed there.

[eastsider]

Family sues Amusement Park for 'Act of God', because God is not sueable...

Ah, the infinitely deep pockets of God ...