Kentucky

Park sues ride maker over injury accident FROM Kentucky.com

The owner of a Louisville amusement park where a ride malfunction severed a teenage girl's feet has filed suit against the manufacturer of the thrill ride.

The Courier-Journal reported Six Flags Kentucky Kingdom claims the manufacturer should be held responsible for Kaitlin Lassiter's injuries.

On June 21, 2007, the Louisville teen was among those riding the Superman Tower of Power when a cable snapped. The resulting accident severed both of the teen's feet.

Doctors were able to reattach Kaitlin's right foot, but not her left one.

The girl's family has sued the park, claiming owners failed to maintain the ride and equipment and ensure riders' safety. Kentucky Kingdom has denied liability.

Note:  Those who practice insurance and personal injury law know what is being played out here in these pleadings - no claim was made at the time against the manufacturer of a product that the park now claims to be defective, but the park is seeking indemnity from the manufacture as a defense to the claim and to apportion fault against the manufacturer as a defense with the possible expectation that the statute of limitations for the claimant to go after the manufacturer has expired.  However, "equitable estoppel" and the "discovery" rule were applied recently against a manufacturer in a product liability case to toll the statute of limitations which may very well frustrate this move. See, Equitable estoppel and "discovery" rules applied to toll statute of limitations against manufacturer until announced product's defect and recall notice: LEMASTER v. FLUKE CORPORATION (COA 6/27/2008) .