NOT An Act of God...??

[breeze]

I SEE THE LIGHT
by Randy Cassingham

Shawn Perkins of Laurel, Ind., took his family to Paramount's Kings
Island amusement park in Mason, Ohio, on 12 June 2001. As they left the
park to go to their car, a thunderstorm was approaching. As the family
reached the car, lightning struck and "the car [Perkins] was touching
was
blown apart," claims the family's lawyer, Drake Ebner.

Um, a lawyer for a lightning strike? Yep. This was no "act of God",
Ebner says. "That would be a lot of people's knee-jerk reaction in
these
types of situations, frankly," he says, clearly expecting criticism
over
the suit. He says the amusement park has "a duty of ordinary care" to
warn visitors of any foreseeable danger, and the Perkins were not
warned
about the storm. The amusement park "could have told the people not to
go
to their cars," he says, "which are large metal objects that can
attract
lightning."

(He didn't happen to mention that cars are isolated from the ground
by
tires, which are medium-sized rubber objects that insulate things. But
I
digress.)

"A lot of voltage passed through his brain," Ebner says. His suit,
filed in Hamilton County (Ohio) Common Pleas Court, says that as a
result
of the lightning strike Perkins is suffering from brain damage, which
has
resulted in a "cognitive deficit and severe memory loss". Perhaps not
surprisingly, Ebner notes Perkins also has a fear of being outside.

"We believe that the weather system was predictable," Ebner
continued.
"Therefore, the risk and injury to Mr. Perkins was predictable and
therefore avoidable." If the park didn't know about the storm, he adds,
it should have known, perhaps by subscribing to a weather prediction
service. "If you are a multimillion-dollar business, wouldn't you?"
Ebner
asks. However, he quickly adds, "I'm just not mentioning [the park's
multimillion-dollar gross income] for the concept of deep pockets for
the
suit." Oh no -- perish the thought! Such a thing never entered our
minds.
(Really! We swear! May lightning--- well... strike that idea.)

"Think of the amount of money Kings Island spends to get people to
the
park," he says, lingering on the money issue. "Safety is not common
sense." It's not?! No, he says: "You and I don't run amusement parks."
(Speak for yourself, chum.) "Because they are in the unique situation
they are in -- that says they need to do things that you and I don't
do."
Like, say, knowing to take cover in a thunderstorm?


SOURCES:
1) "Family Sues Kings Island", Cincinnati Post, 17 June 2003
http://StellaAwards.com/cgi-bin/redirect3.pl?35a

2) "Kings Island Sued by Family", Cincinnati Enquirer, 19 June 2003
http://StellaAwards.com/cgi-bin/redirect3.pl?35b

[therock1811]

This was near me... I'm only 12 miles out of Cincy... didn't see this story though...

[firefighter16]

People wonder why insurance rates are so high. How about stupid lawsiutes?

[JetMaxx]

Can anyone say "assinine" attorneys and "frivilous" lawsuit? If a lightning strike isn't an act of God...what on earth is???
If successful, this lawsuit could open Pandora's box...making any business struck by lightning, a tornado, or flash flood legally liable for damages and injuries to customers..

I remember a Virginia Wal-Mart plowed in half by a F4 tornado in 1993 (which is as rare in Virginia as a snowstorm in middle Georgia); would that store now be accountable because four people died there? If a lightning bolt isn't an act of God...why should a tornado be????

[FreakyWxChick]

I thought the McDonalds lawsuit over the hot coffee was ridiculous. I thought the lawsuit over the fact that McDonalds causes obestiy was absurd. This lawsuit IMO is absolutely absurd!!

While they are suing Paramount, they should go ahead and sue the car manufacturer for making the car metal.

I think I want to sue AOL now. When I first started using the internet, AOL was the service provider I chose. The amount of time I spent on AOL caused a serious internet addiction. They opened a whole new world for me and in turn caused my addiction. Therefore AOL is liable.

In addition to the addiction lawsuit, I would also like to sue for pain and suffering. When I sit here for 18 hours straight, my back hurts horribly. In addition to the back pain I lose all feeling in my legs as they become numb from pinched nerves caused by the addiction AOL is liable for.

I would also like to sue for permanent disfigurement. As a result of using the internet 18 hours a day for the last ten years, my rear end is flatter than a pancake in a Grand Slam Breakfast. I have gained tremendous amounts of weight as well. These gross disfigurements were caused by my internet addiction, therefore AOL is liable.

My husband would also like to join in on this suit. He is going to file for loss of consortium. I am addicted tot he internet and am on it for 18 hours a day. My husband rarely sees me come to bed except in the wee hours of the morning. Therefore, he has lost out on many valuable aspects of marraige. My marraige is a mockery of what existed prior to using AOL's services.

All in all, I think I have a pretty good lawsuit here. I stand to make millions off of the abusive privleges that AOL offers to consumers every day. Anybody think I have a case? LOL

Gosh, now I have to wonder why I didn't go to law school

[Miss Mary]

I didn't see this story either!!! And I just returned from KI - my daughters and a family friend went up for the day (they're 13, 16 and 11). For one, Kings Island is one huge park! I don't see how management could make such an announcement. Now if something such as Sept. 11th occurred again (God forbid), I would think there's an emergency plan in effect. Another thing, up where KI is located you can see for miles. If there was a storm brewing, you would have seen it - this lawsuit sounds ridiculous to me!

[therock1811]

Yep... I have been there, you can see the eiffel tower from I-71 at mm 21... ridiculous!

[blizzard]

I've contacted my lawyer today. i am filing a lawsuit against the administrators and moderators of Storm2K as well as all of the members. I feel that if this site didn't exist, i wouldn't have blisters on my fingers from typing. And my eyes wouldn't hurt from reading.







Note to mods........j/k....lol

[Stormsfury]

ROTFLMAO

[JetMaxx]

I'd sue the sorry scoundrel responsible for me being fat, but suing myself would look kinda silly

[hunter84]

I slipped in the wet grass the other day. Can we get this to class action status.

[Lindaloo]

I've contacted my lawyer today. i am filing a lawsuit against the administrators and moderators of Storm2K as well as all of the members. I feel that if this site didn't exist, i wouldn't have blisters on my fingers from typing. And my eyes wouldn't hurt from reading.







Note to mods........j/k....lol

[Constructionwx]

flatter than a pancake in a Grand Slam Breakfast.

LMAO!

I'll join this class action. But I want to tack on some punitive damages for not being able to connect to AOL time after time, try after try, it sorta gave me a (insert medical term here) complex.

[Mostly Sunny]

What the heck is wrong with people????

[breeze]

They're lookin' for an "easy way out" due to
their own stupidity!

Good to see 'ya, Mostly Sunny! Miss Mary ain't been the only one riding friends to post more...