Settlement approval motion before Crowder Thursday

By Amelia Flood | Jul 29, 2009


The attorneys for a child hurt at Raging Rivers water park in July 2006 and one of the defendants, Vaughan Pools Inc., are asking Madison County Circuit Judge Barbara Crowder to approve a settlement.

The move for the approval was filed July 27.

If Crowder approves the settlement that would leave three defendants facing the negligence suit brought by Wendy Kerr as mother and next best friend of the minor Gage Kerr who was hurt riding the park's "Space Bowl" ride.

The hearing is set for 9 a.m. July 30.

Wendy Gage sued Raging Rivers Water Park Inc. of Missouri, EW Development of Sussex, U.K. f/k/a Sturart Leisure LTD, and H Adams Development Co. for injuries she claims her son, Gage, suffered while visiting the park three years ago. According to her third amended complaint, Gage Kerr suffered injuries to his mouth, face, gums and teeth while riding on the Space Bowl.

The Kerrs are suing the park and the ride's designers for failing to supervise its operation, failing to instruct Gage Kerr on how to properly ride it, failing to construct the ride in a safe manner, failing to design and construct the ride so patrons' mouths and teeth would not catch on the ride and other charges.

The Kerrs are seeking damages of $50,000 per count of the suit and costs.

In its April answer to the Kerrs' third amended complaint, Vaughan Pools denied the allegations and offered the affirmative defense that Gage Kerr rode the Space Bowl improperly after he was instructed on how to safely ride the slide.

The Kerrs are represented by Thomas Maag of Edwardsville. Raging Rivers is represented by Russell Watters. Vaughan Pools is represented by John Sabo of Belleville. There are no other attorneys listed as currently representing the other defendants in the court file.

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

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