The father of a woman who was killed when she fell off a southern Indiana roller coaster filed a wrongful death lawsuit against Holiday World amusement park, claiming it was negligent.
The federal lawsuit comes almost two years after officials concluded no criminal charges should be filed because Tamar Fellner fell out when she stood up while the ride was still moving.
Fellner, 32, of New York City, was among a group of roller coaster enthusiasts who visited the park in May of 2003. She was seated in the last row of the six-car train on the wooden roller coaster, The Raven.
Amusement park officials said she fell from the ride while it was in the midst of a 69-foot drop. Witnesses told investigators they saw Fellner standing up in the car as it neared the drop. They also found her seat belt unbuckled when the car returned to the station.
An investigation showed her seat belt and lap bar were buckled and locked when the ride started. An independent company also concluded that Fellner standing during the ride was the only factor contributing to her fall.
But the wrongful death lawsuit filed on behalf of Fellner's father, Rabbi Azriel Fellner, alleges the amusement park failed to ensure the woman was properly restrained and that the manufacturer could have used a safer design.
"The cars on roller coasters should be designed in such a way that nobody should be able to fall from them," Azriel Fellner's attorney said. "If they're designed that way, then the staff at the park have to make sure that people use them properly."
The lawsuit was filed in U.S. District Court for the Eastern District of Pennsylvania because the car's manufacturer is based in Hatfield, Pa.
After her death, the coaster was inspected and no mechanical deficiencies were found, said Holiday World president William Koch.
Reference:
"Park Sued Over Coaster Death," AP, May 2005.
