Settlement hearing set in Raging Rivers suit

Amelia Flood Apr. 28, 2010, 4:21am

Arguments for the final approval of a settlement between Raging Rivers Water Park in Grafton and a boy allegedly injured on a ride are set for hearing April 29.

Madison County Circuit Judge Barbara Crowder had already given her preliminary nod to the agreement between plaintiffs Wendy and Gage Kerr and Raging Rivers and its insurance company.

Another defendant in the case, Vaughn Pools, had previously settled.

Two defendants, H. Adams Development Co. and E.W. Development, remain in the case.

The case was set for trial May 10.

The parties asked Crowder to approve the settlement April 9. Gage Kerr and his parents would receive $30,000, according to court documents.

Wendy Kerr alleged in the suit that Gage hurt his mouth on the park's Space Bowl ride in 2006.

Vaughn Pools settled for $7,500. About $2,500 of that went to plaintiffs' attorney Thomas Maag.

According to the docket entry setting the April 29 hearing, the parties are to set up a probate estate to oversee the settlement funds.

The hearing is set for 2 p.m.

Raging Rivers is represented by James Craney and others.

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-L-521.

More News