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Re: [infoguys-list] ride

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  • suesarkis@aol.com
    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.
    Message 1 of 3 , Oct 30, 2006
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      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
      it.

      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"
      by contract.

      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.


      Sincerely yours,
      Sue
      ________________________
      Sue Sarkis
      Sarkis Detective Agency

      (est. 1976)
      PI 6564
      1346 Ethel Street
      Glendale, CA 91207-1826
      818-242-2505
      818-242-9824 FAX

      If you can read this, thank a teacher. If you can read it in English, thank
      a military veteran !


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