Proposed settlement means state won’t pay Fire Ball tragedy victims
Attorneys for five victims of the July 26 Fire Ball ride disaster at the Ohio State Fair say they strongly believe the state and its ride inspectors share blame for the tragedy, but agree that the law protects the state from monetary damages.
A proposed settlement was announced Thursday between the Ohio Expositions Commission and attorneys representing Tyler Jarrell, 18, who was killed, and four others injured in the collapse of one of the Fire Ball’s rusted gondola arms. The commission said neither it nor the state will pay any money to the five victims and state government has been removed from any potential lawsuit.
Columbus attorney Mark Kitrick, who represents Jarrell’s estate along with Mark Lewis, said they and attorneys representing four other victims were upset by the state’s characterization of the announcement, which made it sound like the victims did not blame the state for the tragedy.
“This is false. The victims have always maintained that the state inspectors, among others, are to blame for allowing the heavily corroded, unsafe Fire Ball ride to operate,” according to a joint statement from the attorneys issued Monday.
“The Fire Ball ride was a visible bucket of rust ... Even a basic inspection would have revealed the danger this posed to passengers aboard the ride,” the statement says. “... The law essentially gives the state a free pass, even though its inspectors failed to adequately do their jobs ...”
The doctrine of “sovereign immunity” which protects Ohio from liability was first established by a court decision in 1840. The legislature passed a 1974 law waiving state immunity, but severe restrictions remain.
Kitrick said the state is immunized from negligence and gross negligence claims in the disaster. Attorneys for the five victims continue to explore other options. No civil lawsuit has been filed.
“There are a lot of different pieces to this thing and the reality is this is a piece that set the state aside so that we could focus on other parties that are responsible and don’t have immunity,” said Rex Elliott, an attorney representing Jarrell’s girlfriend, Keziah Lewis. The other attorneys who issued the joint statement Monday represent victims Jennifer Lambert, Russell Franks and Tamica Dunlap.
“Four of the (survivors) are horribly injured and have millions of dollars in bills,” Kitrick said. The injuries, he said, include brain damage and paralysis.
Attorneys did not want to discuss what the proposed settlement means concerning the state’s insurance coverage connected with the ride. Amusements of America of New Jersey was the ride’s owner.
KMG, the Netherlandsbased manufacturer of the Fire Ball, is legally protected because the ride was manufactured in 1998 and there is a 10-year limit by law on manufacturer’s liability.
Contacted for reaction Monday night, Dan Tierney, spokesman for the Ohio attorney general’s office, only referred to Thursday’s statement.
A State Highway Patrol investigation concluded there was no evidence of negligence by the operators and state ride inspectors met standards. Franklin County Prosecutor Ron O’Brien concluded there was “not enough evidence to proceed with a criminal case.”
The victims’ attorneys’ statement says the Fire Ball tragedy points to the need for better state laws “that ensure that never again, will a rustcovered, dangerous ride be allowed to operate at our State Fair. This will be the victims’ legacy: a safer environment for all Ohioans.”