Hackemer's family files wrongful death suit against Darien Lake Theme Park
Submitted by Howard Owens on July 30, 2011 - 7:18pm
The family of Sgt. James Hackemer, the Iraq war veteran killed July 8 when he was ejected from the Ride of Steel at Darien Lake Theme Park has filed a wrongful death suit against the two companies responsible for the amusement park.
From the Buffalo News:
According to family attorney Denis J. Bastible, park employees violated Darien Lake’s own safety rules when they allowed the double amputee to ride the coaster.
“They didn’t train their employees to follow the rules and the result was tragic,” Bastible told the Buffalo News. “[Hackemer] leaves two very young children behind, and his family is doing terribly.”
Two weeks after the accident, state Labor Department investigators cited “operator error” as a factor in the death. Labor Department officials cited the amusement park for two violations, saying ride operators were improperly trained on safety requirements for the ride.
Named in the suit were CNL Income Darien Lake LLC, a real estate firm based in Dallas, owner of the park's land, and Herschend Family Entertainment, which manages the park.
According to the news article, Bastible is not concerned by remarks made by family members immediately following Hackemer's death saying they didn't hold Darien Lake accountable in the accident. Bastible said the remarks were made in the heat of the moment and the family gave thoughtful consideration to the decision to file a lawsuit.
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July 31, 2011 - 12:09am
#2
As much a tragedy as this is for everyone I can't help but think of those kids who were fired immediately after the accident. Granted this is second hand knowledge, but I believe everyone working the superman that day was fired even if they weren't near the ride when the accident occurred. If I was a ride operator, fully trained or not, I would have a hard time telling any veteran who had lost limbs for me and my country - NO. I think the Sgt had to have known the dangers in him riding any roller coaster. It's a tragedy and I feel for all parties involved.
On the other side, I feel like this is a predatory suit and one that will win, but will set a bad precedent. I feel that people who may feel like they cannot provide for their families due to a handicap, do something equally as drastic.
I hope I'm wrong about this situation, because this is a tragedy for everyone involved.
July 31, 2011 - 12:39am
#3
Investigators have already said the ride operators had no idea Hackemer was a veteran. No such discussion took place.
July 31, 2011 - 8:34am
#4
Veteran or not, this is a stinky deal. Once "the deep pockets" were given blame, out come the gold diggers. Yes, Philip, no amount of money is bringing this man back. Isn't family entitled to VA benefits? A dirty rotten shame for all.
July 31, 2011 - 9:13am
#5
Awful lot of judgemental conclusions going on here. The man has 2 families only one said they werent going to sue. However somethings have changed. Labor and Criminal investigations are complete and no matter why the blame is assessed.
My impression is that the family is being given no choice. Common sense should tell u this as I dont see the family on any media showing how bad things are or tuggin at heart strings. Even the lawyers are low key. I think they are being required by insurance and maybe others to at least attempt to recoup some from Dareien before they are being allowed access to benefits. You never know but I dislike seeing characterizations being made when u arent in their shoes.
July 31, 2011 - 9:42am
#6
Hackemer absolutely knew the danger when he got on that ride. He tried getting on once and was denied, after which he went to guest services to get a copy of the rules, and they ended up making him sign a waiver.
July 31, 2011 - 9:58am
#7
Destin, where are you getting that information?
That is not anything uncovered in the investigation. In fact, the findings of the investigation were the exact opposite -- that Hackemer was allowed on the ride without a single challenge. The investigators were very clear on that point. Darien Lake officials, given every chance to challenge the findings of investigators have not contradicted one word of the investigators' findings. In fact, Darien Lake has concurred that it's own policies and procedures were not followed by operators.
July 31, 2011 - 10:10am
#8
To follow up -- I just checked with an official source regarding Destin's assertion: "We have no information that anything like that occurred."
If Darien had a signed waiver, don't you think they would be waving it in every investigator's and reporter's face? Even if it didn't totally exonerate them of responsibility, it's something they would want at least the investigators, if not the public, to know about.
July 31, 2011 - 10:23am
#9
The family member that helped him get on/in the ride should be held accountable in some way.
July 31, 2011 - 12:28pm
#10
Gabor,Darien lake takes full responsibility for the safety of guests. They simply do not expect visitors to police safety. It is their job to "idiot proof" rides and equipment, not visitors.
July 31, 2011 - 6:28pm
#11
Apparently some readers have missed a key point: a man died because employees at Darien Lake Theme Park failed to enforce safety regulations. The distractions from this central point pale by comparison: were the ride attendants fired? did they know the victim was a veteran? did the victim know he was taking a fatal risk? All of these questions combined with unsubstantiated rumors don't amount to a hill of beans- idle speculation. A guy died.
It's unfortunate that a couple teenagers lost their summer jobs. In the grand scheme of things, they're still alive.
Lisa, your remarks perplex me. Are you asserting that despite the fact the park was clearly negligent and liable, the victim's family should seek redress elsewhere? Do you have a financial interest in this theme park or are you suggesting the suit is somehow frivolous?
August 1, 2011 - 8:43am
#12
Good thing the family said they would not sue!!!
August 1, 2011 - 9:14am
#13
They never said they wouldn't sue.
August 1, 2011 - 10:29am
#14
One of the news stories on FLN this AM was about this. Part of the story included an interview with the family attorney. Paraphrasing; "Although the family had indicated initially they were not going to sue they have been mulling it over the past couple of weeks and after a great deal of discussion, they changed their mind."
August 1, 2011 - 1:28pm
#15
CM - I don't have a vested interest in anything, but it's funny that the lawsuit comes out after it is determined that the liable party has deep pockets. I don't think any other agency should be "responsible for benefits" or provide for this family "just because." What I was referring to is that this family may be eligible for services after (or as a result of) this tragedy. Money won't bring him back. As long as they are provided for, what's the greed about? And as far as those teens who are "still alive," I can't imagine what they've gone through, how they feel, or how it will affect them the rest of their lives. This was not a vicious act; there are many victims here. Though I may not always agree, I respect that others have their own opinion, and appreciate the same. We all come from a different place.
August 1, 2011 - 2:24pm
#16
How is filing a lawsuit "greed"?
Civil suits are a tool for ensuring the responsibility party provides some form of compensation for loss.
Chance are this case will be settled out of court, but that settlement is not possible without first filing a suit.
Because Sgt. Hackemer's children are not of the age of consent (or can really understand the scope of this), Sgt. Hackemer's executor has an absolute fiduciary responsibility to seek monetary compensation from the park owners and operators. In fact, the mother of the children (who, as I understand it, is not the executor) could sue the executor if he failed to file a lawsuit on behalf of the children (she cannot sue herself she doesn't legally represent the estate of Sgt. Hackemer, but she can sue the executor if he failed to live up to his fiduciary responsibility on behalf of the children).
Bashing the family for doing what they have a responsibility to do, both legally and morally, is hard to fathom.
Kevin, whatever the attorney says in a probably incorrect or imprecise paraphrase after the fact is immaterial to what the family was actually quoted as saying in the 24 or so hours after the accident.
August 1, 2011 - 2:26pm
#17
Actually, Lisa, we all come from the same place. If we stopped differentiating one-from-another, where we are now would be a much more pleasant place.
August 1, 2011 - 2:45pm
#18
August 2, 2011 - 12:09am
#19
CM, Lisa, Recession Smession, let's party dudes and dudettes. Y'all are cool, just go with the flow. It's much better that way. Unless you want to fight.
August 3, 2011 - 12:48am
#20
All,
I agree that the family is seeking what they are legally obligated to do under the laws of this society. Law suits are a way to keep corporations and individuals, responsible for any gross negligence.
My original post was meant more as a view that personal responsibility has been lost in society. It's been lost to a mindset that we should not take into account common sense, but instead depend on rules and regulations to be responsible for us. We have grown to be accustomed to a rule or regulation for everything we do, to cover every possible scenario. My argument should not be taken as an argument against this case only and instead should be taken as part of an overall mindset.
However, in this case the handicapped man, who tragically lost his life, decided in a right mind to ride a roller coaster in which the only safety device is a lap belt with a lap bar. If he had gone on the Viper or Mind Eraser, both with shoulder safety restraints, he would still be alive. In this case the ride operators could be interchanged and not affect the outcome.
Again, this is a tragedy for all involved. My argument however, lies in raising awareness of personal responsibility.
Phil
August 17, 2011 - 5:24pm
#21
It looks like Destin Danser was at least partially right.
http://www.wgrz.com/news/article/131152/37/NY-State-Releases-Darien-Lake...
