Three families filed separate lawsuits in U.S. District Court in Greeneville last year over the Ferris wheel accident. Since then, the three lawsuits have been combined into one.
The lawsuits name as defendants: Family Attractions Amusement (FAA) of Georgia (the company that operated the rides for the fair), the owners of FAA, High-Lite Rides of South Carolina (the manufacturer of the Ferris wheel) and Michael O. Howard (the designer and builder of the Ferris wheel).
According to court records and published reports, the accident involved one of the gondolas overturning, sending three young girls tumbling out and falling more than 30 feet to the ground.
During a conference call in August, both parties indicated they had sufficient information to engage in meaningful mediation. Therefore, U.S. Magistrate Judge Cliff Corker ordered mediation take place and be done by Oct. 29.
According to a notice filed with the court on Oct. 17, mediation took place and the case was settled.
“For now, I can simply confirm that all the claims were settled at mediation. The settlement terms are confidential,” Tom Johnson, attorney for Family Attraction Amusement, said in an email to the Times News.
The Times News also reached out to the attorney for the plaintiffs but did not receive a reply.
ABOUT THE ACCIDENT
According to the lawsuit, Michael and Patsy Laws went to the Greene County Fair on the day it opened, Aug. 8, and the daughter took a ride on the Ferris wheel with two other girls. When the gondola reached a height of approximately 40 feet, the aluminum skid plate on the bottom of the gondola caught on a cross brace of the Ferris wheel.
This caused the gondola to upend and collide with another gondola, ejecting all three girls to the ground below.
As a result of the incident, the Laws' daughter suffered extreme fright, shock and serious bodily injury, according to the lawsuit, including fractures of four lumbar vertebra, a collapsed lung, lacerated liver and a shoulder injury.
Jason and Kimberly Reynolds of Greene County took their 10-year-old daughter, Kayla, and her 6-year-old sister, Briley, to the fair that same day. They were the other two girls ejected from the gondola. Kayla broke her arm while Briley suffered a traumatic brain injury.
The third lawsuit was filed on behalf of Lorena Cowhy, who was in an adjacent gondola with her 5-year-old granddaughter.
During her ride on the Ferris wheel, Cowhy said she felt something “click” then immediately fell out of her seat and onto the floor of the basket. Her granddaughter also fell out of the seat, with Cowhy grabbing her and tucking her in her chest in the floor of the basket to keep from falling out, according to the lawsuit.
The fire department eventually came to the fair and rescued Cowhy and her granddaughter with a ladder truck.
Inspectors hired by FAA and the Greene County Fair found that worn out rivet fasteners on the bottom of the gondola were the cause of the accident. The worn rivets allowed a piece of trim to come loose, get lodged in the frame of the wheel, thus causing the gondola to tip over.
In a response to the lawsuit, the defendants claimed they were not liable because the accident was not the result of any fault or neglect on their behalf.