$9.9 Million

Amusement Ride TBI Settlement

The Case:  A 44-year-old mother of two young boys was ejected from a commercial recreational amusement ride and sustained a traumatic brain injury (TBI) that caused her brain to swell. After spending about two months in the hospital, she was left with frequent seizures, severe mood swings, and requires constant monitoring by a nursing attendant.

The Outcome: We alleged the injury occurred as a result of reckless operation by the operator of the ride. Our attorneys were able to establish that the ride was being operated at twice the speed allowed by the manufacturer and the operator ignored the warnings not to tow in excess of 15 mph, which was printed in bright red letters on the side of the ride.

The defendant denied liability claiming that they had not acted negligently and that Plaintiff was barred from any recovery because she had signed an "Assumption of the Risk and Liability Waiver." We contended that the waiver was ambiguous and that state law does not allow a release for reckless conduct.

After a five-hour mediation, we secured this life-changing $9.9 million settlement for our client.

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