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Suit filed against Six Flags over tree crashing on Ninja

Posted: July 10, 2014 6:52 p.m.
Updated: July 10, 2014 6:52 p.m.

Two people who were on the Ninja roller coaster at Six Flags Magic Mountain on Monday when a tree fell across its tracks have sued the park.

Jeremy Ead and Olivia Feldman filed the suit Wednesday alleging Magic Mountain is responsible for the incident.

“Six Flags had an obligation to make sure those trees were healthy, that those trees were not going to fall, especially when the park is open and people are on the attraction,” said attorney Barry Novack, who is representing the plaintiffs.

Ead told reporters after the incident that a branch hit him in the head, leaving him with a gash in his forehead.
The lawsuit seeks money to cover lost earnings, legal costs and medical bills.

Carpenter said Thursday the park has no comment on the suit.

Peter Melton, a spokesman for California’s Division of Occupational Safety and Health, said Tuesday that a pine tree, between 30 and 40 feet long, fell over and hit the first car on the Ninja roller coaster.

“We’re looking into the condition of the tree,” Melton said. “We want to know what made the tree fall down.”

“The California division (Cal/OSHA) has asked Magic Mountain to get a certified arborist to check the tree,” he said.

“The tree’s health would be part of that condition.”

A Fire Department inspector at the scene Monday said two people were injured in the accident — the two in the front seats of the front car — but both suffered only minor injuries.

The incident left 22 occupants stranded some 20 to 30 feet in the air. It took nearly three hours to evacuate all occupants.
On Twitter @LukeMMoney




Rick54: Posted: July 10, 2014 11:47 p.m.

If this is the same guy I saw on the news, MM owes him for a bandaid and a free 1 year pass. I hope I get called for jury duty on this one.

chico: Posted: July 11, 2014 9:04 a.m.

Attorney Barry Novack? at least he doesn't suck.

bobforte: Posted: July 11, 2014 10:32 a.m.

Offer them 2 years of annual passes and the all you can eat pass and they should be happy.

cptnobvious: Posted: July 11, 2014 11:33 a.m.

@Rick54 - it is the same guy. He was the one who was also interviewed by every newspaper at the scene. Trying to be the poster child for this "tragic accident"!

timothymyers02: Posted: July 11, 2014 11:35 a.m.

Barry Novack has quite an impressive CV. (PhD in Engineering from USC and a Masters in Engineering from Princeton.) I don't think this is going to be one of his great "paying" cases because the damages just don't seem to be there. I see a new lawyer other than Mr. Novack in these tow folks future.

tpaul: Posted: July 11, 2014 12:35 p.m.

I think the back of your ticket says something like "if something go's wrong, sorry. By entering you wave your right to sue" Agree with a free pass and happy meal too.

stray: Posted: July 11, 2014 12:53 p.m.

@tpaul - "If something go's wrong, sorry"

I don't think so! Metro would love that liability waiver also if the train "de-railed off the tracks" !!!

tpaul: Posted: July 11, 2014 12:58 p.m.

I'm with ya , I also think they are NOT going to become rich when it's all said & done

CastaicClay: Posted: July 11, 2014 1:28 p.m.

The lawsuit seeks money to cover lost earnings, legal costs and medical bills.
If MM offers to cover lost earnings and medical bills couldn't they skip the legal fees? Cut out the middleman.

johnnyrock: Posted: July 11, 2014 2:18 p.m.

That didn't take

chefgirl358: Posted: July 11, 2014 2:56 p.m.

All of the reports said there were NO serious injuries, a few minor injuries, but most had none at all. This is NOT a winning lottery ticket. I'll bet my bottom dollar that MM ALREADY handled the treatment and medical bills for anyone involved that needed it.

calnca: Posted: July 11, 2014 3:05 p.m.

Castaic Clay.......there you go.....if these two would have waited, MM and/or their insurance carrier would have approached the claimants and offered as much if not more than they will NET with the attorney taking his cut.

LosRubios: Posted: July 11, 2014 4:31 p.m.

#Pathetic --edited.

SCV4ALL: Posted: July 11, 2014 7:08 p.m.

@ calnca - as someone in the Insurance industry I can assure you that Insurance Companies don't roll out and offer to the victims. Maybe medical and $1000 for pain and suffering. Hardly close to the amount litigation will gain.

SReilly12: Posted: July 12, 2014 2:19 a.m.

Almost as silly as the lawsuit against ESPN for their comments about the "Stud" that fell asleep at the game.........

Unreal: Posted: July 14, 2014 11:23 a.m.

I think that each person scared sh*tless by this incident should be compensated. They should have at least $10,000. each for this incident.
They should not "get rich" but this is not a little incident. This was a big deal and people can easily be afraid to ever enjoy this type of ride again.

People could easily have died if this had dropped. Can you imagine the terror for parents and little kids? Initally when it happens thinking you are going to die? Then screaming for help for however long it took for the fire dept. to get there. Then hanging there for hours in the heat, scared that it would fall all the way down, maybe having to go to the bathroom in their pants (unless they did when it first happened) bashed in the head or other injuries. Why assume that someone wants free tickets back to the same place where they feel they almost died?

The trees on this ride are way too close to the tracks anyway.

You know, if I have to go to the emergency room with an injury, or have a gash on my head you can bet I don't consider it a small thing. It may not be life threatening but it is not a scratch either.

Unreal: Posted: July 14, 2014 12:31 p.m.

I do agree if they had just had a stop for a couple hours it would be different. Maybe just a season pass for that.

But to have at least two of the cars derail and dangle in the air scaring and injuring the people in them and terrorizing the people in the other cars is not the same.

Rick54: Posted: July 14, 2014 1:35 p.m.

The only monetary payout should be for counseling. Just giving someone $10,000 does not erase fear. It would be interesting how many would show up for said counseling.

Unreal: Posted: July 14, 2014 1:54 p.m.

Maybe they don't consider the fear unreasonable. No counseling needed if it is valid fear of what could really happen. But it could interfere with enjoyment of parks from then on.

I am sorry, but if I ever had to go through the terror,head bashed, jerking around, and hanging in midair while terrified I would die for hours I would sue too unless the company made an offer upfront.

Rick54: Posted: July 15, 2014 11:25 a.m.

Ahhhh....Unreal, always with the last word.

Unreal: Posted: July 15, 2014 11:34 a.m.


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