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ARTICLE ID 195388

$________ GROSS AWARD REDUCED BY 60% NEGLIGENCE Premises Liability – Failure to Warn – Defendant contends plaintiff negligent in using ride, despite sign warning to avoid use if cervical injury – Cervical herniation – Fusion surgery the next day.

Kings County, NY

The plaintiff, currently in her early 50s, contended that the defendant operator of the Cyclone roller coaster at Coney Island negligently failed to provide adequate restraints, resulting in her suffering an acute cervical herniation, as the ride reached the first drop off. The plaintiff maintained that in view of the 6 Gs of force involved, standards by the ASTM (American Society of Testing Materials), required that stronger restraints should have been provided. The plaintiff further supported that when major renovations were performed during the prior off-season, architectural drawings were not made, and permits not obtained, resulting in no inspections administered. The plaintiff also asserted that it was likely that the tracks permitted the cars to operate too rapidly, increasing the hazard.

The jury was not aware of a number of other injuries during the time period in question, or the absence of similar injuries, since the time that maintenance has since been taken over by another company, a non-party.

The defendant further contended that the plaintiff was comparatively negligent in failing to heed a sign that warned individuals against using the ride if they had cervical injuries, and countered that she had experienced a soft tissue cervical injury approximately five years earlier that required short-term treatment only, and the jury was permitted to assess comparative negligence over plaintiff’s objections.

The plaintiff sustained an acute herniation at C4-5, and experienced substantial neurological type symptoms, and an emergency fusion was performed the following day.

The plaintiff maintained that she will suffer permanent symptoms.The jury found the defendant 40% negligent and the plaintiff 60% comparatively negligent. They then rendered a gross award of $________. The gross award was allocated as follows: $________.________ for past medical expenses, $________ for past pain and suffering, $________ for future pain and suffering, and $________ for future loss of earnings.

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