| Comments |
coasterdude28
Joined: Oct 2004
Posts: 3864
View Park/Ride Count
|
I don't think he really has a claim. She was in the wrong and there is nothing to do about it. It is very sad but sh*t happens and I think he might just be after the money.
|
| 5/4/2005 9:51 PM |
|
Aaron
Joined: Jun 2001
Posts: 4401
View Park/Ride Count
|
It's sad, certainly, but this is rediculous. The evidence overwhelmingly states that Fellner caused her own death by standing up in the middle of the ride, and it's absurd to sue the park and PTC because of this.
I suppose it's even worse because the source article states that Fellner was riding Raven with a group of other enthusiasts. There's some morbid irony in the fact that enthusiasts complain about how the media makes coasters sound so unsafe even though virtually all accidents are caused by the victim, and then an enthusiast goes and does something like this.
|
| 5/4/2005 9:55 PM |
|
Chip
Joined: Jun 2001
Posts: 7382
View Park/Ride Count
|
There were numerous investigations, and all ended with saying Ms. Fellner was at fault. She unbuckled her belt and stood up. It was her fault she fell out and died. PTC and Holiday World had nothing to do with it.
|
| 5/4/2005 10:00 PM |
|
Montu Man
Joined: Jul 2004
Posts: 2949
View Park/Ride Count
|
If she caused her own death, then what is the guy suing for? He's just going to lose.
|
| 5/4/2005 11:10 PM |
|
DaleE4lifefan
Joined: Feb 2003
Posts: 294
View Park/Ride Count
|
I was there when it happend.the only witness to this is her was soon to be husban.and the trains where checked out.but i was not on the ride.i am a ace member by the way.we are told in the rules if anyone reads them that this is a very big no no.like the cams on coasters even though people do it anyway.it falls out your hand and hurts the person or kills them you go to jail or get sued.read the rules it could save your life or others.
|
| 5/5/2005 12:29 AM |
|
RLLrCoastrLover
Joined: Mar 2004
Posts: 1058
View Park/Ride Count
|
I wonder why he waited so long to sue. It does seem like he doing this for the money.
|
| 5/5/2005 10:45 AM |
|
bgwfreak
Joined: Sep 2001
Posts: 11336
View Park/Ride Count
|
The Holiday World folks went through so much when this happened, now it's being brought up again because someone is greedy.
Very sad. I feel for the Holiday World folks.
|
| 5/5/2005 12:33 PM |
|
Zingoman
Joined: Dec 2004
Posts: 1305
View Park/Ride Count
|
It's stupid @$$holes like that that have caused all the classic trains to get replaced with those stupid ratchet bars!!!! Why are people so freakin STUPID!!!!! If you stand up on the ride and die, IT'S YOUR FAULT!!! The park should not be held resposible for the fact the a person is capable of standing up! She did it on her own, it's her fault, and he needs to deal with it. Get a life jerk!!!!!!! I HATE this crap!!!!!!! There are NO restraints at all on Blackpool's Roller Coaster, and you don't see them getting sued. This GARBAGE does not happen overseas. Stupid people screw around and then try to manipulate the system and get rich over it and everybody else has to suffer for ther idiodic behavior by higher insurance rates, causing higher park fees, causing tighter rules, causing uncomfortable restraints, causing the death of historic and classic rides, causing me to get ticked!!!!!!!!UUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUG!!!!!!!!!
|
| 5/5/2005 2:52 PM |
|
PKI-King
Joined: Aug 2003
Posts: 133
View Park/Ride Count
|
This is stupid on the man's part. The rules are clearly stated at ALL parks on ALL rides. It's even announced in the station: "Please keep you arms, legs, and hands inside the ride at all times!" These are connected to your body. Do the math.
I feel bad for the Holiday World people. Such a great coaster, such a stupid person...
|
| 5/5/2005 2:59 PM |
|
magnumxl2005
Joined: Jul 2004
Posts: 1743
View Park/Ride Count
|
Hopefully this wont cause ptc to make new trains..and I don't see how the person is going to be able to sue ptc..its not there fault if its anyone's fault its either the girls or the parks.
|
| 5/5/2005 3:04 PM |
|
coasterdude28
Joined: Oct 2004
Posts: 3864
View Park/Ride Count
|
RllrCoasterLover - he may have waited this long to try and build up a case...... but it didn't work.
|
| 5/5/2005 3:08 PM |
|
Pcw
Joined: Apr 2003
Posts: 1801
View Park/Ride Count
|
That's just wrong, but hey. Anyone can sue for money. Even the lady won the case about how the coffee she bought from McDonalds was too hot.
|
| 5/5/2005 5:06 PM |
|
FLCC Josh
Joined: Dec 2003
Posts: 545
View Park/Ride Count
|
Of course it's about the money!
|
| 5/5/2005 6:38 PM |
|
G_Adv_123
Joined: Aug 2004
Posts: 3783
View Park/Ride Count
|
He is obviously looking for he money, who would wait two years before suing?
|
| 5/5/2005 6:44 PM |
|
Hurricane
Joined: May 2001
Posts: 2228
View Park/Ride Count
|
I believe the park has done everything possible -- before and after the incident -- for the lost rider, including out of willing respect attending her funeral and also closing the park the next day out of respect for her and her family. At least this is what I've heard a couple of years back.
Also makes me wonder how the man could have come up with this lawsuit two years later if not for the money.
|
| 5/6/2005 12:04 AM |
|
5150
Joined: Jul 2004
Posts: 364
View Park/Ride Count
|
Wow. Actually the MCDONALDS COFFEE INCIDENT was overturned. It just didn't make the news.
Should I sue him because the ERT that night was cancelled? I lost $30 over it. Not to mention travel and hotel expenses. I am assuming that is also why DaleE4lifefan was there. Now it is a class action litigation. Anyone else there that night? Who's in?
Another point: Holiday World is one of the NICEST parks in the country. VERY family oriented and just plain nice folks there. They are very proud of their park and VERY proud of their coasters. They were very dissapointed in the fact that it was a coaster club member that this happened to. They sent letters to all of the newsletters and cancelled the Stark Raven Mad event. It was sad.
|
| 5/6/2005 2:38 AM |
|
coasterlove
Joined: May 2001
Posts: 6476
View Park/Ride Count
|
It bothers me that people have the right to sue in almost any instance. I'd like to see and hope this case is dropped but I doubt that will happen. It's also upsettng because it was a coaster enthusiast or possibly even a member of ACE (not sure if she was ctually a member) and they should know better than that more than just the average person.
I don't understand how someone could be ignorant enough to stand up on a coaster like that. Because of ignorance like that, it forces a bad reputaion on the park and coaster industry. It then also can make for new rules and regulations. It would be like blaming the auto industry for drunk driving accidents. It's the ignorance of riders that cause most if not all types of accidents of this nature.
The majority of park/coaster/ride accidents that aren't because of rider misbehavior and that of the park industry are generally very minor. I've always worn my restraints tightly and respected all the rules of the park and ride. I want to live to ride another day.
|
| 5/6/2005 10:58 AM |
|
RllrCoasterFan
Joined: Mar 2004
Posts: 744
View Park/Ride Count
|
This is just stupid. If you think this guy isn't doing it for the money then you are an idiot, just like him. He is doing it for the money and will get it. If he cared he would have done this a long time ago. This is horrible for Holiday World and the coaster. This could ruin the park and a great coaster. Unbelievable, It just sucks because he has a case even with the amount of time he waited.
|
| 5/6/2005 12:36 PM |
|
Tanks4me05
Joined: Apr 2005
Posts: 843
View Park/Ride Count
|
She stood up, she unbuckled her seatbelt, how much more do we have o prove to convince the guy not to sue?! oh my god!!!!!!!!!! This really ticks me off! It's so obvious that the guy is in for the money a piece of tissue paper could see it!
|
| 5/6/2005 6:20 PM |
|
Krustytheclown
Joined: May 2005
Posts: 4
View Park/Ride Count
|
After reading the news article, I felt that I had to respond. As a member of the Roller Coaster Club of Great Britian, I had the priveledge of visiting Holiday world in 2003 (During our "Mystery Tour" tour of the USA, unfortunatly it was 8 days or so after the ill fated Stark Raven Mad event.
It horiffied me that such a tradegy could happen to such a lovely park. When William Koch came on our coaches to tell us that the planned ERS had been cancelled as the Koch family felt that it would be too distressing for the staff involved to have another ERS so quickly after the one that claimed the life of Ms. Fellner, you could see that he was welling up and the tragic events had hit him hard. It was also obvious to tell that this sentiment was shared by Mrs Koch and the rest of the park staff.
An independant enquiry found that the park or PTC was not to blame so to launch a claim for damages seems folly, I wonder though if the timing could of been worse for Holiday World. Maybe Mr. Fellner is hoping for an out of court settlement to keep Holiday world's name out of the press?
Personally I would like to see Holiday world claim against Mr. Fellner for discrediting the parks name. I feel that the staff on that fatefully evening would also be able to sue for distress. As much as I would like to see that happen, I don't think it will because they are better than that, I think that Mr. Fellner should be made aware that he could end up seriously out of pocket over this endevour. Hopefully common sense will prevail.
It is a shame that this happened at an enthusiasts event. Accidents happen, fortunatly they're rare but when they do happen they tend to have horrific concequenses. As much as "rider error" is correctly pinned on the accident, when its someone who should of know better it makes it even more difficult to understand.
I assume as with some enthusiasts in Europe, some American enthusists bend the rules to suit them selves, thinking that the rules don't apply to them.
IS THIS THE WAKE UP CALL THAT WE ALL NEED???????WE ARE NOT ABOVE THE RULES
Mr & Mrs Koch and all the staff at Holiday World, I wish you all the best at this very difficult time for you. Your Applause Award was richly deserved.
Barry
|
| 5/9/2005 9:01 PM |
|
More about News
May. 4th, 2005 --
Nearly two years after Tamar Fellner fell out of Holiday World's Raven roller coaster and was killed, her father is suing the park and Philadelphia Toboggan Coasters Inc., which constructed the ride's cars. Fellner claims that his daughter was not properly restrained before the ride began and that PTC should have made its trains safer.