No criminal charges to be fi led over Fire Ball
Attorneys for victims of the fatal failure of the Fire Ball ride at the Ohio State Fair are questioning the lack of criminal charges from the July 26 crash, arguing that rust and “metallurgical fractures” were visible to the naked eye and should have been caught by state inspectors and Amusements of America
But the State Highway Patrol’s investigative report concluded that “there is no evidence that has been obtained to indicate the cause of the gondola breaking free was the result of negligence on the part of the individuals operating the ride.” The report states that “it appears the ride was inspected and approved for use per established standards.”
The patrol presented its findings on Aug. 21 to Franklin County Prosecutor Ron O’Brien, who issued a statement Thursday saying he has “concluded there was not enough evidence to proceed with a criminal case.”
One person was killed and seven injured when a section of the ride broke apart. Some of the injured remain hospitalized more than a month after the crash.
“If everybody did their job properly, how did this happen?” asked Dayton attorney Michael Wright. He said he represents Russell Franks, 42, who is doing better but remains hospitalized with his injuries.
In the State Highway Patrol report, Ohio Department of Agriculture ride safety inspector Ron Dean was asked whether he had noticed excessive rust, cracks or blistering paint on the Fire Ball ride during inspection. Dean told the interviewer “there was blistering paint and rust, but nothing out of the normal,” according to the report.
There’s no indication that the interviewer asked Dean follow-up questions about the rust.
“The thing is a tube that is out in the weather with standing water and you can see the rust eating from the inside out,” said Columbus attorney Rex Elliott, who represents Keziah Lewis, 19, of Columbus, who was injured when the ride failed. Lewis was the girlfriend of Tyler Jarrell, 18, who was killed during the incident. Lewis remains hospitalized.
The ride arrived at the fair disassembled and the problem was obvious, Elliott said.
“This was a failure of epic proportions,” he said.
Attorneys for Jarrell’s family and those injured have hired their own inspectors and conducted a “nondestructive” examination of the popular, 54-ton amusement park ride.
“We believe multiple folks did not do their jobs,” Wright said. “I would say the manufacturer is one, the inspectors are another, and those who assemble and disassemble the ride.”
Amusements of America workers said the only thing they do on their daily inspection is to make sure all of the ride’s bolts are tight and no tools are left lying around.
State Highway Patrol troopers interviewed three of the four ride inspectors for the Ohio Department of Agriculture and two from a company hired by Amusements of America to inspect its rides. The inspectors were among more than 80 witnesses interviewed.
Troopers asked several inspectors to view a photograph of the ride taken by a fairgoer before the incident. It showed a crack in the backside of the gondola where it detached from the ride. None of the ride inspectors reported seeing the crack.
Ride inspector Jon Kaufman was asked what he would have done had he seen the crack during his inspection. Kaufman and his attorney left the room briefly, the report said. When they returned, Kaufman answered, “I would have taken a closer look, that’s all I have to say,” and ended the interview.
Elliott said the patrol’s report should help plaintiffs’ attorneys. “Now we get more information before we head down the legal path. It is only going to make an egregious situation more egregious.”
He estimated that a lawsuit would be filed within a month. Any suit would name, he said, at least the Fire Ball’s manufacturer, KMG, of the Netherlands; Amusements of America, which provided the ride to the Ohio State Fair; and the Ohio Department of Agriculture.
“All had a duty to exercise reasonable care,” Elliott said.
The Fire Ball is described as an “aggressive thrill” ride that swings riders from side to side like a pendulum, reaching 40 feet above the ground while spinning riders at 13 revolutions per minute, according to ride-enthusiast websites. The ride holds 24 passengers in four-seat sections at the end of six spoke arms.
“We believe multiple folks did not do their jobs. I would say the manufacturer is one, the inspectors are another, and those who assemble and disassemble the ride.”
—Michael Wright, attorney for one of the injured