Suits Filed Against Local Parks in 2008

April 7, 2009

The Sandusky Register

February 2008: Oak Harbor resident Lynsey Fairbanks claims that on Sept. 15, 2001, she suffered a detached retina of her right eye while riding a ride at Cedar Point. Fairbanks needed surgery to correct the injury. Fairbanks claimed the "dangerously high speed and aggressive jerking motion" of the ride caused the injury.

The park was negligent "by creating a nuisance and hazard by a dangerous condition to exist with total disregard to the general public and/or business invitees."

March 2008: Matt May sued Kalahari Resort, claiming he was injured on the FlowRider on April 1, 2007. May claims the park failed to properly staff the ride with a sufficient number of employees to provide assistance with people using the ride. As a result, May claimed he suffered injuries to his mind and body that required medical attention.

March 2008: Charles and Shirley Humphrey sued Kalahari for a March 19, 2006, incident in which Charles, his daughter, Ashley, Steven Callaway and Julian Kerns were injured on the Victoria Falls attraction. The four were thrown from the raft. They claim this occurred because they were not given proper instruction about where to sit. Charles Humphrey suffered broken ribs, a broken collarbone, bruises and nerve damage. He underwent two orthopedic surgeries, including the insertion of a steel rod and bone graft and missed six months of work while recovering. Ashley Humphrey suffered a concussion and a dislocated left shoulder as well as injuries to her head, neck, back and shoulder. As a result, she could not participate in school-related sports.

March 2008: Ruth Wagner of Sheffield Lake alleges she suffered injuries at Cedar Point when she tripped on a decorative railroad tie July 4, 2006, while walking from the main amusement area toward the marina. Wagner claimed the area was not well lit. As a result, she fell forward and suffered an acute right orbital contusion, facial laceration and knee injuries.

May 2008: Tanya Desjardins, Amherstburg, Ontario, alleges she suffered injuries while using the treadmill in the resort's fitness center while a guest at Great Wolf Lodge. Desjardins said the lights went out while she was on the treadmill causing her to fall off the machine and suffer injuries.

June 2008: Monique Payne of Columbus, claims that on June 27, 2006, as a business invitee at Kalahari Resorts, she fell while riding on a raft. Payne claimed she "suffered severe and permanent injuries" from the fall.

July 2008: Kim Brown of Maple Heights alleges she was injured at Cedar Point on Aug. 5, 2006, when she was struck without warning by a safety arm that guarded the track of the park's train. Brown alleges she suffered injuries to her ear, neck, jaw, back and shoulder.

July 2008: Kelli Wheeler of Bannister, Mich., alleges that on July 31, 2006, she suffered permanent injuries -- including two herniated disks, neck problems and trouble swallowing -- when injured while riding an unnamed ride at Cedar Point. Wheeler claimed because of the park's negligent maintenance, care and control of the ride, it moved at a "dangerously high speed" with an "aggressive jerking motion."Wheeler claims the ride caused her permanent injuries and required medical attention.

July 2008: Christopher Tomblin, Madison, Ohio, alleges on June 22 he was injured on Cedar Point's Blue Streak roller coaster. Tomblin said "as a result of a sharp dip that the roller coaster took" it caused him to strike his face and head on the front of the car he was riding in. He suffered injuries to his mouth, neck, and back and also "significant problems with several teeth."

August 2008: Margaret Farren, Seven Hills, Ohio, alleges that on Oct. 26 she tripped and fell as a result of Cedar Point's use of dry ice to create an "effect of smoke or fog." Farren said she suffered a right ankle sprain and torn ligaments.

September 2008: Richard Foos, Avon, alleges on Sept. 22, 2007, when attending HalloWeekends at Cedar Point he tripped and fell as a result of a thick fog created by fog machines. Foos suffered compound fractures to his right and left arm, and shoulder, back, head and wrist pain as a result of the fall. Foos said Cedar Point was negligent because it did not properly monitor the output of fog.

October 2008: Melissa Schneeweis, Lyndhurst, Ohio, claimed that on Dec. 25, 2004, she was sitting by the "kiddy pool" at Great Wolf Lodge when a "rotten egg" smell permeated the area causing Melissa and Joshua Schneeweis to cough and experience trouble breathing. She said she and her son suffered breathing and swallowing problems for two years. Schneeweis claimed the park failed to properly maintain and service the pool equipment, which resulted in the release of dangerous chemicals into the pool which caused them to be exposed to noxious gases.

Source: Erie County Common Pleas Court records