Settlement hearing canceled in Raging Rivers' negligence suit

Amelia Flood Jul. 30, 2009, 9:00am


A hearing over a proposed settlement between one of the defendants in a water park negligence suit and the family of the allegedly injured child was canceled Thursday morning.

Madison County Circuit Judge Barbara Crowder was scheduled to hear attorneys' arguments asking for approval of the settlement at 9 a.m. As yet, the hearing has not been rescheduled.

Plaintiff's attorney Thomas Maag had filed the motion asking Crowder to approve a settlement between his clients, Wendy and Gage Kerr, and defendant Vaughan Pools Inc. July 27.

The Kerrs are suing Vaughan Pools, Raging Rivers Water Park Inc. of Missouri, EW Development f/k/a Sturart Leisure LTD, and H Adams Development Co. for injuries the family claims the child, Gage, suffered while riding the water park's "Space Bowl" ride in July 2006.

The Kerrs are suing for damages of at least $50,000 per count of the suit and costs.

The family claims that the park and ride's designers were negligent in failing to warn patrons of any danger, failing to show the child how to properly ride the water slide, failing to design the ride so teeth would not catch on it and failing to construct the ride in a safe manner among other charges.

In its April answer to the Kerrs' third amended complaint, Vaughan denied any wrongdoing and offered the affirmative defense that Gage Kerr rode the ride in an improper and dangerous manner after being instructed on how to properly go down the slide.

Maag represents the Kerrs.

Raging Rivers is represented by Russell Watters.

Vaughan Pools is represented by John Sabo.

James Drazen is acting as guardian ad litem for Gage Kerr.

The case is Madison case number 08-L-521.

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