Parents must produce child in Raging Rivers settlement, Crowder orders

Amelia Flood May 4, 2010, 10:30am


The child at the heart of a personal injury suit against a local water park must appear next week at a settlement hearing or his parents face sanctions.

Neither Gage Kerr nor his parents attended the April 29 good faith hearing in their settlement with defendant Raging Rivers Inc., although their attorney, Thomas Maag did.

Madison County Circuit Judge Barbara Crowder signed an order the same day resetting the hearing to May 10 at 8:30 a.m. She ordered Gage Kerr to appear, writing that his parents would be sanctioned if they did not produce the boy.

Gage Kerr, through his mother Wendy Kerr, sued the water park, Vaughn Pools, H. Adams Development Co. and E.W. Development in 2008 over a mouth injury he suffered while riding one of the slides at Raging Rivers two years earlier.

Vaughn Pools settled the Kerrs' claims against it last year for $7,500. Maag received $2,500 of that amount.

Raging Rivers moved for the good faith hearing April 9. It settled with the Kerrs for $30,000.

The other two defendants still remain in the case.

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 had been set for trial May 10.

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

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