Posted on 05/04/2005 1:57:52 PM PDT by Abathar
SANTA CLAUS, Ind. -- The father of a woman who was killed when she fell off a southern Indiana roller coaster has sued the amusement park, claiming it was negligent.
Park officials said Tamar Fellner died after falling from a Holiday World roller coaster in May 2003. Officials concluded that she stood up while the ride was moving.
The federal lawsuit comes almost two years after officials concluded no criminal charges should be filed because Tamar Fellner fell out when she stood up while the ride was moving at Holiday World.
Fellner, 32, of New York City, was among a group of roller-coaster enthusiasts who visited the park in Santa Claus on May 31, 2003. She was seated in the last row of the six-car train on the wooden roller coaster, The Raven, at the park some 40 miles east of Evansville.
Park officials said she fell from the ride while it was in the midst of a 69-foot drop. Witnesses told investigators they saw Fellner standing up in the car as it neared the drop. They also found her seat belt unbuckled when the car returned to the station.
An investigation showed her seat belt and lap bar were buckled and locked when she started the ride. An independent company, LeisureTech Services of Wildwood, N.J., also concluded that Fellner standing during the ride was the only factor contributing to her fall.
But the lawsuit filed Monday on behalf of Fellner's father, Rabbi Azriel Fellner, alleges the amusement park failed to ensure the woman was properly restrained and that the manufacturer could have used a safer design.
"The cars on roller coasters should be designed in such a way that nobody should be able to fall from them," Azriel Fellner's attorney Keith Vonderahe said. "If they're designed that way, then the (staff) at the park have to make sure that people use them properly."
Named as defendants were Koch Development Corp. of Santa Claus, which does business as Holiday World & Splashin' Safari, and the roller coaster car's manufacturer, Philadelphia Toboggan Coasters Inc. It does not demand a specific amount in damages but says they exceed $75,000.
The lawsuit was filed in U.S. District Court for the Eastern District of Pennsylvania because the car's manufacturer is based in Hatfield, Pa.
After her death, the coaster was inspected and no mechanical deficiencies were found, Holiday World president William Koch said.
"We continue to extend our heartfelt sympathy to the Fellner family," said Koch, whose family has operated the amusement park since 1946. "This was a tragedy."
Vonderahe said the fall was an accident, but a preventable one.
Successfully navigated the plans for Hell through the environmental impact report process, no doubt.
32 year old Tamar Fellmer discovers that not only is there a Santa Claus in Indiana. There is also "Gravity". Can the amusement company sue the Fellners for just being stupid?
I suppose the only good thing to come of this is Ms Fellner landed on a guy from Wendy's who was missing a part of his finger.
If I were the amusement park owner, I would have filed suit against her estate three days after the funeral. I mean it. I have thought about this kind of crap for a long time. That dumb 32 year old adult woman endangered everyone when she decided to become a projectile.
Like gays, they probably recruit. Maybe they offer discounts or something to the borderline stupid.
Suppose this is a nomination for a Darwin Award?
""Yeah, until you actually need one. Does anyone ever wondered how to protect themselves from a scumbag attorney? You need not respond.""
Thats the catch-22 isn't it
...and father suedner
In Washington state, a man sued a lawn mower manufacturer for not warning him about the danger of reaching under it when it was running. Fortunately, he lost.
I think your question is completely fine and appropriate. I wonder how clever and smart an idiot like her feels during their final three or four seconds of life
Sorry, rabbi, but padlocking everyone in their seat becasuse some people are stupid (genetically or otherwise) is not an option.
About the time parents were allowed to sue when adult children, who have no financial tie to the parent, die.
Honestly, what are this man's tangible losses? If we are going to allow emotional distress than we will all be able to sue American Airlines for "allowing" their planes to be used in terrorist attacks. After all, we were all traumatized, and surely they could have done something, like welding the cabin doors shut or something.
The park needs to sue this man for failing to properly raise his daughter and teach her not to do such stupid acts.
They need a sign out front that reads "If your IQ doesn't reach this line, then you're too stupid to ride on this roller coaster."
Obviously, the design should have included handcuffs and ankle bracelets chained directly to the frame attached under the seat. All parks should install these features into their rides as soon as possible. This is current technology,...to not install them is completely negligent.</sarcasm>
In all seriousness, that is the only thing that would prevent people like this from killing themselves.
Course no one would ever pay the price of admission for such a ride...
You can't stop people from being stupid, Mr Vonderahe. I don't think I have ever, EVER thought of unbuckling a seatbelt and standing up on a roller coaster.
It was preventable; the father could have kept his kid off the ride.
Sheesh
Yep. "Loser Pays" lawsuits would stop this crap.
It was preventable, all right. The Rabbi should have had a vasectomy 33 years ago.
We are witnessing the second law of thermodynamics here.
In essence, entropy increases. Things such as buildings, or organizations or even countries go from order to disorders.
So in the old days, common sense reigned and the father would not have even considered suing because it's obvious whose fault it was. Now these days, there is less sense.
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