Personal Injury Law

$1.25 Million Settlement In Playland Death

By Mark Siesel, Esq.

The family of the late Jon-Kely Cassara, a seven year old boy who died on the Ye Old Mill ride at Playland Park on August 3, 2005, settled this New York dangerous premises case for $1.25 million on March 23, 2009. The Westchester fatal accident occurred when Jon-Kely got out of his boat and fell in a dark tunnel, apparently getting stuck under the ride apparatus and drowning. The settlement offer was made by Westchester County after the devastating testimony of former Playland director Joseph Montalto, ((the first and only witness to testify). Montalto testified that he would not have allowed Jon-Kely on the ride if he had known that there were insufficiently trained workers on the ride that day.

The settlement must be approved by the Westchester County Board of Legislators, which was scheduled to vote on the settlement this week. It is expected that the Board will vote to approve the settlement; if not, the case would have to be retried, with the seven year old victim's family and lawyer determined to obtain a verdict on the heels of that vital testimony by Mr. Montalto.

Jon-Kely's death was the third at Rye Playland in the last five years. On May 22, 2004, 7 year old Stephanie Dieudonne, was thrown from the Mind Scrambler ride and killed. Three years later, Park worker Gabriela Garin, 21, was also killed on the Mind Scrambler, which has since been removed from the park.

Full post as published by New York Legal Blog on March 26, 2009 (boomark / email).