On July 30, a hearing over a proposed settlement between one of the defendants in a water park negligence suit and the family of the child who allegedly suffered personal injuries was canceled.
On 9 a.m. that morning, Madison County Circuit Judge Barbara Crowder was set to hear attorneys’ arguments seeking her approval. The hearing has yet to be rescheduled.
On July 27, the attorney for the plaintiffs filed the motion asking that Crowder approve a settlement reached between his clients, Wendy and Gage Kerr, and the defendant, Vaughan Pools Inc.
In addition to Vaughan Pools, the Kerrs filed suit against Raging Rivers Water Park Inc. of Missouri, EW Development f/k Sturart Leisure LTD, and H Adams Development Co. for the alleged injuries the child, Gage Kerr, suffered while riding the park’s “Space Bowl” ride in July of 2006.
In the suit, the Kerrs seek damages of no less than $50,000 per count and costs of suit.The suit alleges negligence on the part of the park and ride’s designers for failure to warn patrons of possible danger, failure to inform the child of the proper manner to ride the water slide, failure to design the ride so teeth would not catch on it, and failure to construct the ride in a safe manner, among other charges.