Teens injured in 2010 Stampede accident seeking $5 million in damages
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Victims injured on the Calgary Stampede midway two years ago when an amusement ride fell apart in full swing have launched a multi-million dollar personal injury lawsuit.
Ten teenagers were injured when the mechanical arm of the Scorpion tore loose the night of July 16, 2010.
Now two of them — and their mothers — are seeking nearly $5 million in damages for their injuries, expenses, trauma and potential loss of future income.
The lawsuit’s statement of claim, obtained by the Herald, was filed in July and names nine defendants, including North American Midway Entertainment, the Stampede, the City of Calgary,
Neither North American Midway Entertainment nor representatives for the Stampede would comment on the lawsuit.
None of the allegations have been proven in court.
Teenage friends Justice Cote and Daylon Lonechild, who were visiting from Saskatchewan with their mothers, were knocked unconscious and hospitalized with injuries after the ride broke apart.
Justice, who was 13 at the time, was in hospital for nearly two weeks with head injuries and internal injuries.
She suffers from severe headaches and post traumatic stress disorder, the claim reads.
The claim is seeking more than $2 million, including $1 million for future loss of income.
Financial compensation to cover nearly $20,000 worth of medical, housekeeping and other bills is also being sought.
Her mother, Crystal, is also seeking damages for severe nervous shock and emotional upset. She is seeking financial compensation for money spent on accommodations and travel while her daughter was in the hospital, as well as psychological treatment costs for a total of around $8,000.
Daylon’s claim is seeking $2.4 million and $160,000 for his mother Jolie for loss of income, future loss of income and special damages.
Daylon, who was 14, suffered a traumatic head injury and required nine stitches after being thrown from the ride and a piece of the wreckage landed on top of him.
Daylon spent two days in the hospital with injuries to his spine, chest, lungs, left leg.
Both teens suffered loss of blood, general shock, nervous upset and severe pain and suffering, the claim reads.
Daylon suffers from severe headaches, fatigue, dizziness, flashbacks, permanent scarring, and post-traumatic stress disorder.
The claim is seeking more than $25,000 for medical, accommodation and housekeeping expenses.
The province cracked down on safety regulations in the wake of a damning engineer’s report about the Scorpion ride accident.
The report found problems with the spinning ride, including cracks and stress fractures that should have been spotted by a visual inspection.
“These cracks had been improperly repaired by simply welding over the crack. The repair was so poorly done that original crack remained and portions of the crack extended beyond the end of the repair,” concluded the report, conducted by Anderson Associates Consulting Engineers Inc.
North American Midway Entertainment added new rules to prevent such incidents in the future. It says it now has one the strictest inspection regimes on the continent.
Municipal Affairs issued several rule changes for amusement ride operators. They must now keep five years’ worth of inspection records from all jurisdictions in which a ride has operated. Owners have to submit to independent testing if metal fatigue is detected. Older rides will undergo additional tests.
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Originally Posted by Senator Clay Davis
While I actually think they are entitled to some claims, the $1 million in future lost income might be the single dumbest thing I've ever heard.
Article says "Justice" suffers from severe headaches now. Maybe that prevents her from doing as well in school as she could have otherwise, and eventually affects her work life. It doesn't seem unreasonable at all, and I'll bet she gets something, if maybe not a million bucks.
Frankly $5 million between the two of them seems light to me. Ride disintegrates and you get thrown off and seriously injured, and it's found later that it would have been preventable by proper maintenance and inspection? That almost calls for criminal charges - they could have just as easily been killed.
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Nothing about this seems extreme or inappropriate in terms of quantum. I'm sure they'll end up getting less than they're claiming for for one reason or another, but come on, if your ride falls apart with people on it you'd better god damn well believe you're going to need that liability insurance. The defendants are just lucky no one was killed.
I think the number is fair given their age and what they went through, but I'm trying to find the serious injuries they endured, rather than just all this headache/pain/suffering/scarring/stress disorder. Sounds like lawyer talk with a slice of embellishment to stretch it a bit further as well.
I was injured at work when I was 19 and it was what I thought was reasonably minor. It has pretty heavily impacted my life to the point where there isn't a week that goes by that I am not dealing with pain or other issues related this injury.
If there is a reasonable that these issues will persist throughout their lives, the negligent party should be paying for it.
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$5 million is reasonable. These are still kids and their whole lives will be effected because of negligence of the stampede North American Midway Entertainment. They'll win forsure.
FTFY. Unfortunately, the city and Stampede have gotten caught up in someone else's negligence. And I echo MMF. They should sue the organizers for medical damages, but their own parents for emotional damages from being given those terrible names.
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Article says "Justice" suffers from severe headaches now. Maybe that prevents her from doing as well in school as she could have otherwise, and eventually affects her work life. It doesn't seem unreasonable at all, and I'll bet she gets something, if maybe not a million bucks.
Frankly $5 million between the two of them seems light to me. Ride disintegrates and you get thrown off and seriously injured, and it's found later that it would have been preventable by proper maintenance and inspection? That almost calls for criminal charges - they could have just as easily been killed.
My problem with the $1 million is how exactly can you prove that? See as a high school student, it makes it difficult to prove $1 million is the potential lost amount. If she was a working professional, say a doctor or lawyer or whatever, you could truly value that. But what if she at the time had no clear career ambitions? Is there really a way to prove this accident cost her a chance at a career where she could have earned $1 million more than before the accident? If she's talking the entirety of her life that will suffer because of this, then $1 million might make sense (give or take about a $20,000 a year difference in potential wage earnings). But again, how can you possibly quantify this from a high school student?
I'd also like to add that it amazes me how all kinds of medical, mental and psychologocial treatments can't help people get over PTSD or other issues...but $1 million dollars always seems to help cure them. Not saying they're faking, just pointing out how $1 million seems like the cure.
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Yeah, this has nothing to do with the Stampede or the City of Calgary. Those rides belong to NA Midway who are responsible for maintenance and operation.
However, as I recall from my gruesome Grisham legal training, you name as many people in the lawsuit as you can.
I presume the Stampede is being criticized for their unreasonably hard asphalt in the parking lot.
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Yeah, this has nothing to do with the Stampede or the City of Calgary. Those rides belong to NA Midway who are responsible for maintenance and operation.
However, as I recall from my gruesome Grisham legal training, you name as many people in the lawsuit as you can.
I presume the Stampede is being criticized for their unreasonably hard asphalt in the parking lot.
Also the City of Calgary and Stampede did hire this company, right? Could they be found negligent for hiring a company with unsafe rides?
Also the City of Calgary and Stampede did hire this company, right? Could they be found negligent for hiring a company with unsafe rides?
Dude, they're carny rides, they're all unsafe, that element of danger is the only reason they're fun. If you're stupid enough to get on one then you've taken your life into your own hands.
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This Post Has Been Distilled for the Eradication of Seemingly Incurable Sadness.
The World Ends when you're dead. Until then, you've got more punishment in store. - Flames Fans
If you thought this season would have a happy ending, you haven't been paying attention.
Also the City of Calgary and Stampede did hire this company, right? Could they be found negligent for hiring a company with unsafe rides?
THIS
Did the Stampede do their due diligence when hiring this firm? Perhaps they have a history of problems. Perhaps another person reported problems with the ride to a stampede employee and that person did not pass on the concerns of to the ride owner/operator.....there are lots a avenues to look at.
Dude, they're carny rides, they're all unsafe, that element of danger is the only reason they're fun. If you're stupid enough to get on one then you've taken your life into your own hands.
I was injured at work when I was 19 and it was what I thought was reasonably minor. It has pretty heavily impacted my life to the point where there isn't a week that goes by that I am not dealing with pain or other issues related this injury.
If there is a reasonable that these issues will persist throughout their lives, the negligent party should be paying for it.
Well Rathji... By the looks of your avatar you begin your work day by punching trees, so that may explain your pain and suffering!
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Teens injured in 2010 Stampede accident seeking $5 million in damages
