Popular Maine Attraction Pays Close to $1 Million for Careless Operation
Friday Feb 22, 2002
Portland, ME – The Maine District Court jury awarded a total of $965,OOO to a man who almost died after an accident at the Aquaboggan Water Park in Saco, and his wife.
New York residents Andrew and Jillian Slater sued Merit Management, LLC, the owner and operator of the water park, charging the company with negligence for allowing Mr. Slater onto the "Stealth MK III Sidewinder" waterslide before it was clear of other riders. The Slaters also sued Water Fun Products, Inc., the manufacturers of the water slide. The company was found not liable.
Terrence Garmey and Peter Schroeter, the Slaters' attorneys, argued in court that on July 15, 2000, the ride attendant released Mr. Slater down the V-shaped Stealth III while the person who'd entered the slide before him was still on the ride, causing a "dangerous condition." A collision between the two riders resulted, causing Mr. Slater to receive permanent "severe physical and emotional injury."
Slater broke four ribs and suffered severe internal injuries, including a ruptured spleen that nearly resulted in his death. Attorneys Garmey and Schroeter also successfully argued in court that Mrs. Slater is the victim of severe emotional distress as a direct result of witnessing the accident. Favorable verdicts for emotional distress are very rare in Maine. The jury deliberated for two and a half hours before returning a unanimous verdict in favor of the plaintiffs.
"This was a very thoughtful and deliberate jury," said Garmey after Judge Magistrate Cohen accepted the verdict.
Schroeter said, "You drive down Route 1 and that water park looks like a real fun place. But on that particular day, at that particular time, it was a very dangerous place to be. Most rides present the illusion of danger---that's what provides the thrill. Unfortunately this ride, as it was operated on that day, presented the illusion of safety."
The Stealth III waterslide was a new ride at Aquaboggan for the 2000 season. The park also features such attractions as wave and swimming pools, bumper boats and miniature golf. Attorneys Garmey and Schroeter said the award should serve as an impetus for higher standards at amusement and tourist attractions.
"As awful as this was, I really hope some good can come out of it. It's pretty clear that, just for starters, good training for the staff is something these places can't afford to skimp on," Garmey said.
After the verdict was returned, Andrew Slater said Garmey and Schroeter "did a fantastic job of putting this case in front of the jury. It is obvious that the jury fully understood what happened and what was at stake. We are so grateful that Terry and Peter made the effort required to insure that we received a fair verdict."




