Maag
The parents of a child injured at a Grafton water park must show cause as to why they have failed to show up as ordered for two settlement hearings.
Madison County Circuit Judge Barbara Crowder is requiring the plaintiffs to explain their absences or face contempt of court sanctions in an order entered May 10.
The judge had previously entered a similar order April 29 that would have found the Kerrs in contempt for failing to come to a May 10 hearing.
Gage Kerr and his parents had failed to appear at the April 29 settlement hearing, although their attorney, Thomas Maag, did.
Plaintiff's co-counsel Peter Maag showed up May 10.
Attorneys for defendant Raging Rivers Inc. were present at the hearings.
Crowder's May 10 order indicates that if the Kerrs fail to come to court again, a guardian ad litem will make the additional pleadings on their son's behalf.
Wendy and Gage Kerr sued several defendants including Raging Rivers for mouth injuries Gage allegedly suffered in a 2006 accident on a water slide.
Defendant Vaughn Pools Inc. settled with the Kerrs last year for $7,500.
Raging Rivers settled for $30,000.
Two other defendants in the suit, H. Adams Development Co. and E.W. Development, have not entered appearences in the case.
James Drazen represents Gage Kerr as a minor.
James Craney and others represent Raging Rivers.
The case is Madison case number 08-L-521.