Lawsuits related to ride death consolidated
By: JEFF FARRELL
Staff Writer June 16, 2005
SEVIERVILLE - A Sevier County judge consolidated three lawsuits Monday filed by relatives of a Middle Tennessee woman who died after falling from a Pigeon Forge amusement park ride, court officials said.
June C. Alexander fell from a ride called "The Hawk" at the Rockin' Raceway amusement park on March 14, 2004, after safety restraints on the ride failed to keep her in her seat as the ride turned upside down.
Her husband, Richard C. Alexander Jr., has filed a suit against Hamlinco, Inc., the company that owns the park, along with park manager Charles Stan Martin and Zamperla, Inc., the company that manufactured the ride.
Alexander is joined in the suit by his daughter, Regina Phillips, and his son, Cody Alexander, who was riding beside his mother when the accident occurred.
They seek $68 million, including $45 million in punitive damages, $15 million in compensatory damages and $4 million each in emotional damages to Cody Alexander and Phillips.
Two of June Alexander's sisters have also filed suits against the same parties.
Judy Sprinkles was on the ride with Alexander when the accident occurred, and Gail Young witnessed it from the ground and was the first person to reach her sister after she fell from the ride. They are each seeking $4 million in compensation for emotional damage and $12 million for punitive damages.
The judge's decision to consolidate the case means a jury could consider issuing up to $100 million in damages for Alexander's death, court officials said.
While the panel would review the evidence for each case at the same time, it would still rule separately on whether to issue damages in each case, officials explained.
Attorneys had been scheduled to argue the motion Tuesday.
Zamperla, Inc. is the only defendant to file an answer to the lawsuit so far; the company denies any responsibility for Alexander's death.
A Sevier County jury found Martin guilty of reckless homicide last month.
Prosecutors said Martin attached or allowed the attachment of two jumper wires that bypassed electronic safety measures that should have kept the ride from operating if the restraints were not properly fastened.
Defense attorney Bryan Delius, representing Martin in the criminal case, brought forward experts who said that Zamperla's wiring diagrams indicated the ride would not operate at all without the jumper cables in place. Delius also noted the ride had numerous other problems from the moment it was purchased.
District Attorney General Al Schmutzer, Jr., pointed to testimony from Rockin' Raceway employees who said the features had operated properly for several years.
Schmutzer claimed Martin added the jumper wires after the safety measures became a nuisance, keeping the ride from operating when passengers appeared to be properly secured.
No date has been set for the civil proceedings.