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News: Cedar Point being sued for TTD accident

Posted at 5:39 PM EST (2239 GMT)

Feb. 15th, 2005 -- Joel Neidenthal and Whitney James, two of the four people injured on Top Thrill Dragster last July, are suing Cedar Point.

On July 13, 2004, one of the ride's cars rolled over a frayed cable before launching, spraying metal shards into the air. Neidenthal and James suffered puncture wounds as a result of the flying metal, and are claiming pain and suffering as the basis for the lawsuit. Neither has announced how much they are suing the park for, but it is believed to be over $50,000.

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Comments
Phil

Joined: Jun 2002
Posts: 9164

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I'm suprised it took this long for a lawsuit to show up. They'll likely win.

2/15/2005 5:45 PM
coasterdude28

Joined: Oct 2004
Posts: 3868

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It's ashamed that it happened to them. the park should compensate them because it was their fault.

2/15/2005 6:01 PM
Real

Joined: Apr 2004
Posts: 492

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None of them deserve it, especially considering they refused help or medical attention on the scene and were released back into the park and stayed there the rest of the day.

Like most hyopcrites, they then went to a hospital afterwards and then claimed injuries and such. People are amazing.

2/15/2005 6:07 PM
CoasterJunkie

Joined: Aug 2002
Posts: 341

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I would have to side with the victims if they hadn't refused the park's help; but since they refused it, waited this long, AND are basing it on pain and suffering (considering they were given the chance to have it treated from the start), I can't really sympathize.

2/15/2005 6:22 PM
Montu Man

Joined: Jul 2004
Posts: 2957

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Let's see what the jury thinks, hopefully if the people are a bunch of a*holes CP wins. The people will pry win because CP didn't keep as good upkeep as they should've. Let's see what happens as this unreavels.

2/15/2005 8:13 PM
Banjo4321

Joined: Mar 2002
Posts: 112

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I think the people should win. They got hurt on a ride and it wasn't due to anything they did wrong. They should be compensated for their suffering.

2/15/2005 8:26 PM
Montu Man

Joined: Jul 2004
Posts: 2957

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They sure were suffering it seems, banjo. They didn't want clinic help, and just went and rode more stuff.

2/15/2005 8:34 PM
FlyInBack

Joined: Feb 2003
Posts: 663

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As most have said, they will probably win, and IF they got medical attention afterwards it would make sense although they didn't.

I (as well as pretty much anyone here) don't know the details, but I feel that Intamin should foot the bill here. Then again, maybe not. If Cedar Point did the proper maintainence then I feel like they were told to use a sub-par cable. Then again, if Cedar Point took the liberation to use a different cable, or to change it less often, it would be their fault. I'm acutally suprised I havn't seen a suit from Cedar Point towards Intamin for something over lost wages due to the downtime of TTD its opening year.

2/15/2005 8:44 PM
5150

Joined: Jul 2004
Posts: 364

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Well, this won't be a jury trial. Wanted to clear that up. (I actually shuddered)

As far as the victims refusing medical attention, most folks prefer the comfort of their own doctor or a hospital when injured. It will have no bearing on the litigation. They actually give you a form to sign saying that you are welcome to get outside attention.

As long as they don't ask for millions, Cedar Fair will probably settle. Around $50,000. sounds more than fair.

2/15/2005 9:50 PM
Marc

Joined: Jul 2001
Posts: 2707

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Intamin didn't violate the contract so a law suit against them would not be appropriot.

As for the guests, the injuries were very minor. Cuts in the face usually result in a large amount of bleeding, but that wasn't the case. The worst was they guy that got a cut on his ear, even then it wasn't bad by any means.

Is Cedar Point fully responsible for the incident? The answer is yes, they are.

2/15/2005 9:58 PM
medieval

Joined: Aug 2004
Posts: 2007

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About time you see something like this. I was wating for this to happen, and their it is.

This is going to be very interesting. They didn't suffer any harsh injuries, but, its all left to the court room.

2/15/2005 10:14 PM
DaleE4lifefan

Joined: Feb 2003
Posts: 273

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The accident wasnt the fault of the park or anyones.the cable if anyone read the story it was like a month old when it happend.so the cable was pretty new.they had a new cable on it when it was closed down cause it broke after the car when up the hill.this was before the accident like a month.like all accidents if you refuse med. help at the place of accident then you just said you will do nothing to the people or insurance company.you waved your rights to sue.the jurys let the people get too much money and not worry about what they will do with it.they need to only give the money for bills and lost time at work and thats it.theres a thing called over sue and i am not saying these people are doing this.the courts need to put a cap on what they can get.its like the dude suing for the old time cars accident.he is suing for 25,000 i thing and his if he has them injurys costed 35,000.so the cable broke cause of it may of been a bad one and it was pretty new when it happend.

2/16/2005 1:12 AM
coasterlove

Joined: May 2001
Posts: 6396

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It depends on the extent of the injuries. It doesn't sound especially bad but of course Cedar Point was responsible for the accident. I don't like to hear negativity revolving them since it's my favorite park but what's right is right. As long as the people don't get exceedingly greedy, I think it's their right.

2/16/2005 1:18 AM
CP Maverick

Joined: May 2001
Posts: 1078

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...kind of off topic: Intamin said Millennium Force's lift cable should be replaced every 5 years, it broke after less than two.

2/16/2005 1:19 AM
sfne stinks

Joined: Sep 2001
Posts: 10559

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Hmm didnt intamin tell CP to change the lift ever year.. and they didnt? and then it snapped...

2/16/2005 4:32 AM
Marc

Joined: Jul 2001
Posts: 2707

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Cedar Point is responsible beacause they had prior knowlege of the condition of the cable. Those injured may have even watched Maintenance when they pulled the cable out and duct taped it but at least heard about that.

As for MF, 5 year and annual cable replacement is pure rumor. It should be replaced when it fail to comply with OSHA standards for wire rope. In 2001 the cable surpassed those reccomendations about a week and a half prior to having the park closed. The cable was thought by some to be able to last that long. It almost did. For the best first hand account, look at Steven John's post, it's about the 9th post. This is the best depiction I've seen on the internet.
http://www.pointbuzz.com/cpplace.asp...opicID=12647 />
MF's cable snapped in 2001 on September 2nd. The Cable was replaced on the third week of September in 2003. I was the first person to ride it after the cable was replaced after all. Depending on how the crew treats the ride this summer, it may or may not need to be replaced during the operating season.

2/16/2005 5:28 AM
Real

Joined: Apr 2004
Posts: 492

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I highly doubt they duct taped the cable. Even my 15 year old sister would know thats going to last about 6ft once it winds up.

2/16/2005 9:37 AM
M_Force_2002

Joined: Aug 2001
Posts: 132

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I would have settled for a lifetime season pass to all CF parks and maybe some free stays at the hotels, or some CP money to use at the parks.......

2/16/2005 1:57 PM
darque

Joined: Nov 2002
Posts: 715

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This is just typical. $50, 000, for what? Cedar Point (the evil wrong doing corporation) to the eye's of most equal's big money...so why not take advantage of it.

That's all this boils down to. Don't be mislead by the "gruesome nature" of the description of the incident. In reality, some dishonest people here won society's new lottery.

Accidents happen. That shouldn't mean that they get a year's plus of salary compensation.

Regardless, no one but the two "victim's" will ever know about the reality of their pain, which is why they will undoubtedly win this case.


2/16/2005 6:47 PM
5150

Joined: Jul 2004
Posts: 364

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I tend to agree except that the intended day that these folks planned to have was alterred. I also don't think the that 50,000 is even close to a years salary for the average person. It's a little light. Just a drop in the bucket, but it should cover hospital bills with some left to compensate for their sudden change of plans

2/16/2005 10:25 PM

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