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Newly Filed Lawsuit: Beware of the Cyclone Roller Coaster at Coney Island- -Especially the First DropNewly Filed Lawsuit: Beware of the Cyclone Roller Coaster at Coney Island- -Especially the First Drop

By Rheingold Giuffra Ruffo Plotkin & Hellman LLP

We all enjoy a day at an amusement park, but the advancements in safety have evaded the Cyclone Roller Coaster. Users would be shocked to know the number of serious head and spinal injuries which occur annually-yet are never reported to riders and the public. The owners and operators, Cyclone Coasters, Inc., and Astroland Kiddie Park, Inc., have never significantly upgraded the wooden roller coaster or made proper use of speed regulators. Are client was involved in a 2008 injury and still sees doctors for treatment. Some of the allegations in our lawsuit are as follows: negligence of the defendants’ management, maintenance and supervision of the aforesaid rollercoaster; in designing, manufacturing, assembling, testing, customizing and inspecting the aforesaid rollercoaster in a negligent, careless and reckless manner; in using defective, inappropriate, inferior and inadequate material in the manufacture and/or repair of said rollercoaster; in performing customization work to the aforesaid rollercoaster which work affected the integrity of the rollercoaster; in failing to inspect, properly inspect and timely inspect the aforesaid rollercoaster to ascertain the dangerous conditions existing; in failing to ensure that said rollercoaster was in a proper, safe and reasonable condition for the use for which it was intended; in failing to properly and timely remedy the aforesaid hazardous and dangerous conditions although they had or should have had notice thereof in view of the fact that said conditions and/or defects existed for some time prior to the occurrence and were created by defendants; in failing to close down and/or repair the aforesaid roller coaster ride in a timely manner and after notice that other riders and passenger were injured; in failing to warn the plaintiff of the inherent defects; in failing to take any and all reasonable precautions to safeguard against this occurrence; in failing to give the plaintiff an opportunity to avoid this occurrence; in failing to warn their customers and potential users of the dangerous and hazardous condition of said rollercoaster; in failing to safeguard the life and limb of riders and passengers of the aforesaid rollercoaster; in failing to have seating in the rollercoaster which had proper neck and head supports; in failing to provide proper neck and head support; in allowing a dangerous and hazardous “first drop”; in allowing all of the foregoing to exist with notice; in failing to warn plaintiff of the dangers existing thereat; in failing to place any signs, signals or warnings of the dangers existing thereat; in testing, inspecting and leasing the aforesaid rollercoaster in a negligent, careless and reckless manner; in failing to maintain the rollercoaster in good repair; in failing to ensure that the rollercoaster complied with all landmark regulations, as well as with all building, housing, and fire codes; and in the gross, wanton, reckless and willful acts of the defendants, their agents, servants and/or employees; in violating the applicable laws, rules, statutes, ordinances and regulations; and they were otherwise careless, reckless and negligent and failed to exercise reasonable care and prudence and all without any fault or lack of care on the part of plaintiff’s intestate contributing thereto. Plaintiff relies upon the doctrine of Res Ipsa Loquitur but reserves the right to prove that defendant was negligent as more specifically set forth herein.

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