A 44-year-old woman who suffered a traumatic brain injury (TBI) when she was thrown from a South Carolina amusement park ride was recently awarded a $9.9 million settlement in a civil trial.
A personal injury lawsuit was filed on behalf of the injured woman alleging gross negligence on the part of the defendant, an unnamed recreational amusement company and carnival ride operator. The alleged negligence was found to be the primary cause of the plaintiff’s traumatic brain injury.
According to the lawsuit, the woman was thrown from one of the rides owned and operated by the amusement company, when the ride abruptly and suddenly decelerated after being operated at an unsafe speed. The woman returned home, but exhibited severe traumatic brain injury symptoms several hours later. She reportedly became nauseous, began vomiting and started losing neurological function. Her husband immediately drove her to a local hospital where she underwent an emergency craniotomy to relieve pressure building inside of her skull.
Doctors soon determined the victim had suffered an intracranial hemorrhage when she fell from the carnival ride earlier that day. The woman has endured several serious long term complications from her TBI, including an epilepsy seizure disorder, left-sided hemiparesis, and facial palsy.
The injured woman’s lawsuit argued that:
“The reckless operation of the ride proximately caused the plaintiff to fall.”
Specifically, they plaintiff’s attorney was able to prove that the carnival ride was being operated in excess of the manufacturer’s original speed specifications of 15 miles per hour. Post-injury measurements were taken of the ride and confirmed sustained operating speeds in excess of 30 miles per hour.
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