Plaintiffs in suit against Raging Rivers seek to file fourth amended complaint

Amelia Flood Apr. 5, 2010, 5:57am

Plaintiffs in a suit over a boy's mouth injury allegedly caused by a water park slide are asking to file a fourth amended complaint.

One of the defendants in the case, Vaughn Pools Inc., settled with the boy and his mother last October for about $7,000.

Plaintiff Wendy Kerr is suing Raging Rivers Water Park Inc., EW Development and H Adams Development Inc. for mouth injuries her son, Gage Kerr, allegedly suffered while riding on a slide at the water park in 2006.

The Kerrs claim that failing to design the ride so it would be safe to ride, failing to instruct Gage on how to slide down it safely and designing the slide with a flaw that could catch riders' mouth, injuring their teeth.

A trial that had been scheduled March 1 was canceled.

In their March 2 motion asking for leave to file a fourth amended complaint, the plaintiffs argue it is needed to add claims for punitive damages and to substitute Eric Kerr, Gage's father, for his mother as representative parent in the case.

A previous complaint that included punitive damages was dimisssed when a hearing was not held in a timely fashion.

Presiding judge, Madison County Circuit Judge Barbara Crowder, is set to hear motions in the case April 9 at 9 a.m.

Vaughn Pools settled for $7,500. on Oct. 16, 2009. Of that, $2,475.00 goes to attorneys Thomas and Peter Maag who represent the Kerrs.

The remainder will be placed in a trust account, according to court documents.

Raging Rivers is represented by Russell Watters.

No attorney is listed for EW Development, a company based in the United Kingdom.

No attorney is listed for H Adams Development.

James Drazen is listed as attorney for Gage Kerr as a minor.

The case is Madison case number 08-L521.

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