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| Premises Liability |
| Child Thrown From Indoor Roller Coaster, Fell 20 Feet
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| Mediation: Confidential |
| Case Type: Amusement Park/Place of Entertainment, Negligence - Gross Negligence |
| Case: Tony Nguyen and Phong Nguyen, Individually and as Next Friend of Sam Nguyen, a Minor v. Six Flags Theme Parks, Inc. d/b/a Six Flags Astroworld and Diedra D. Wuenschel, No. 2001-54868 |
| Venue: Harris County District Court, 215th, TX |
| Judge: Levi J. Benton | John O. Kain (Mediator) |
| Date: 12-17-2002 |
| PLAINTIFF(S) |
Attorney:
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Expert:
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| DEFENDANT(S) |
Attorney:
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Expert:
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| Insurer:
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| Facts: Plaintiff Sam Nguyen, then 13, a student, visited Astroworld in Houston, with a group of friends. As Sam was riding in the front car of an indoor roller coaster, called the Mayan Mindbender, the cars descended into almost complete darkness and turned quickly to the right. Sam was thrown from the car and landed on the concrete floor 20 feet below. Sam sustained serious injuries, some of them permanent. Sam's parents, Tony and Phung Nguyen, asserting their own claims and Sam's claims, sued Six Flags Theme Parks Inc., d/b/a Six Flags Astroworld and Diedra D. Wuenschel, the ride supervisor, for premises liability, alleging that the restraint systems were defective. Plaintiffs made a variety of other allegations against Six Flags, claiming negligence per se, gross negligence in the maintenance and operation of the Mayan Mindbender, and claimed that Six Flags spoliated material physical evidence when it replaced the restaint systems. Six Flags asserted, among other things, that Sam was standing up. The court granted a summary judgment motion on the deceptive trade practices claim.
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Injury: The impact with the concrete floor shattered all of Sam's facial bones, fractured his left hip and fractured his left ankle. A neuro-psychologist diagnosed Sam with cognitive deficits and post traumatic stress disorder as a result of the accident. Sam suffered permanent disfigurement to his face in that his left eye was misaligned with his right eye and he had a scar traversing the crown of his head. Sam also experienced difficulty breathing through his nose. Sam was hospitalized in intensive care for several weeks and underwent surgeries to his face and left hip which involved the placement of hardware. Sam recently underwent surgery to his left knee for injuries related to the accident.
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Verdict Information The case was resolved when attorneys for the parties reached a confidential settlement during the second round of mediation facilitated by John Kain of Houston.
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Result: $1,700,000
Above are representative settlements and verdicts pursued and won by Vujasinovic & Beckcom P.L.L.C. Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case. Nor does it mean that we win all of our cases - we don't. Our clients tell us that knowing that we have achieved significant results, both by settlement and by jury verdict, is one factor that many of them used to decide to hire us. You certainly should ask any prospective attorney whether he or she has obtained significant verdicts and settlements but the decision to hire an attorney should not be made on this factor alone. We would be more than happy to discuss any of these cases, and many others, with you.
Contact us for a consultation today.
Vujasinovic & Beckcom P.L.L.C
1001 Texas Avenue
Suite 1020
Houston, TX 77002
Phone: 713.224.7800
Fax: 713.224.7801