Re: [infoguys-list] ride
- Amy -
The original presentation you gave on this one was that it happened last
weekend. Today you said that one of the girls was in a coma for several weeks.
With that said, I went out and looked for the actual complaint and have read
Not having access to the contracts, it is hard for me to logically attempt
to weigh the blame. The complaint itself gives equal responsibility based on
equal duties to ITRS, Conklin and MDCFE, Inc. which we should presume is not
true. I see that SG did not name the inspectors as defendants which is
proper since they would appear to have no liability for this one.
The age of the ride only becomes relevant if and when replacement parts are
no longer available. Since the Gravitron is still in production, the parts
are obviously available and each part can be easily replaced. Planes would
never have to be retired if you could replace a wing and the plane's skin.
The bottom line should be determined by the actual contracts which we do not
have privy to. Who was responsible for the actual upkeep and maintenance of
the ride? My gut feeling tells me that Conklin Shows appears to be the
"operators" and if that is true, they should bear the major portion of
responsibility. Obviously they do not subcontract maintenance since no other company
is a named defendant. Whether or not ITRS, Inc. also shares some of the
burden as the owner, would depend upon their contract with Conklin. Did Conklin
lease it from ITRS or were they working on behalf of ITRS as their reps? If
they are leasing from Conklin, I'm quite certain that ITRS is "held harmless"
Before installation at each new event, it is and should be the
responsibility of the handlers of every ride at every carnival to check carefully each and
every bolt, brace, bracket, panel, wheel, bucket, etc. before, during and
after assemblage. Sheared bolts are not something usually readily visible for
an onsite inspection. Those are touchy-feely types of things.
I hope you'll keep us informed.
Sarkis Detective Agency
1346 Ethel Street
Glendale, CA 91207-1826
If you can read this, thank a teacher. If you can read it in English, thank
a military veteran !
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