Crowder
Madison County Circuit Judge Barbara Crowder approved a $30,000 settlement Wednesday morning between a local water park and a boy injured on one of its rides in 2006.
The settlement's approval came on the third try after both plaintiff Gage Kerr and his parents failed to appear at subsequent hearings.
Gage Kerr and his father, Eric Kerr, joined plaintiff's counsel Peter Maag and attorney James Drazen in court Wednesday to ask for Crowder's approval.
The defendant Raging Rivers Inc. was not represented at Monday's hearing by counsel James Craney due to an injury Craney had suffered before the hearing.
However, the defense had been present at both a late April and mid-May settlement approval hearing. According to statements made by Crowder, Maag and Drazen, the defendant was satisfied with the remedy.
Gage Kerr suffered a mouth injury at the Grafton water park four years ago.
Raging Rivers, Vaughn Pools Inc., EW Development of Sussex U.K., formerly known as Sturart Leisure Ltd., and H Adams Development Co. were named as defendants in the case.
Vaughn Pools settled last year for $7,500.
Crowder approved the settlement pending a substitution of Eric Kerr for Wendy Kerr, Gage's mother who is named as representative and next best friend of her now 14-year-old son.
A probate estate will be set up and the attorneys indicated they hope to petition the court immediately for a release of settlement funds to pay for Gage Kerr's dental work.
The case is Madison case number 08-L-521.