An
Cohen’s lawyers intend to show he was a physically
active housing developer who suffered a tear in an artery leading to
his brain while riding Tower of Terror with his family on
What makes the case particularly unusual is that
Cohen’s lawyers are not arguing something went wrong with Tower of
Terror, such as equipment failure or operational malfunction. Rather,
the ride itself — simulating an out-of-control elevator in a creepy
hotel — is on trial.
Last year, the
and found 26 other cases claiming properly functioning rides caused
injuries. Most of them were settled or dismissed, though eight are
still active. None went to trial.
Cohen’s lawyers intend to present evidence the Tower
of Terror, which features a succession of drops and ascents, creates a
whiplash effect that can seriously injure even healthy riders.
“This case is about the placement of show or entertainment over safety,” Cohen’s lead attorney,
Cohen’s suit accuses
of multiple shortfalls with Tower of Terror, including ignoring
recommendations from its own safety experts when building the
attraction and failing to provide appropriate warnings to guests about
the safety risks.
First, Cabaniss said, evidence will show the ride is safe, carefully
planned, tested and monitored, and well within safety standards. And it
exerts far less speed or force on a body than people think; high speeds
and forceful drops are largely illusions, enhanced by special effects.
Second, Cohen had plenty of warnings to understand what the ride was like before he boarded. And, Cabaniss said,
evidence will show Cohen had other medical problems, and his stroke —
suffered 23 days after the ride — was caused by factors other than the
attraction.
“It is a fun, safe ride for the entire family, no
matter young or old,” Cabaniss said of Tower of Terror. “If you can
withstand the forces of daily activities from going over speed bumps or
potholes … you won’t be harmed by this ride, unless you’ve got some
sort of perhaps pre-existing condition.”
As the sides outlined their cases in opening arguments, they indicated the jury is likely to get a close look at how
planned Tower of Terror and how it works. The attraction’s designers
and independent ride consultants are among witnesses expected to
testify. Cohen’s life and medical history probably also will be
dissected, as Cabaniss and his team seek to explore alternative causes
for his stroke.
Novack has led a number of ride-injury lawsuits against theme parks through the years. The
This is not the only lawsuit alleging strokes caused
by Tower of Terror, which opened in 1994, but it is the only one to
reach trial. Novack has another case, alleging a British teenager
suffered a stroke after riding in 2005. And a
man claims his wife’s 2001 stroke was caused by either Tower of Terror
or another thrill ride, Rock ‘n’ Roller Coaster. Both of those cases
are pending.
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