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Child flies out of roller coaster in Houston; face fractures with repair surgery; hip and ankle injuries; cognitive injury; disfigurement

Premises Liability

Child Thrown From Indoor Roller Coaster, Fell 20 Feet

Mediation:

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:

Vuk S. Vujasinovic; Houston, TX, for Sam Nguyen, Phong Nguyen

Expert:

Edward Pribonic; Amusement Parks; Seal Beach, CA called by: Vuk Vujasinovic

DEFENDANT(S)

Attorney:

Kip E. Patterson; Caldwell & Patterson, L.L.P.; Houston, TX, for Six Flags Theme Parks, Inc. d/b/a Six Flags Astroworld, Diedra D. Wuenschel

Expert:

Edward Fritsch P.E.; Amusement Parks; Houston, TX called by: Kip Patterson
Francisco Perez Ph.D., ABPP; Medical/Health; Houston, TX called by: Kip Patterson
Barry Richard CSP; Amusement Parks; Houston, TX called by: Kip Patterson

Insurer:

TIG Insurance for Six Flags Theme Parks, Inc.

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.

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.

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.

Awarded: $1,700,000 settlement; $561,000 attorney fee; $78,000 expenses