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Mother of injured girl sues amusement operator, Washington County fair

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The parent of a girl who allegedly suffered a concussion on the High Flyer ride at the 2017 Washington County Agricultural Fair filed a negligence complaint in Common Pleas Court.

Mellissa Oergel of West Alexander did not name the child beyond the initials “B.W.” or give her age except to identify her as a minor.

Named as defendants were the county fair and Powers and Thomas Midway Entertainment LLC of Wilmington, N.C.

The girl paid to ride the High Flyer, which the amusement provider’s website, under “thrill rides,” described as a “high flying looping attraction that lifts riders over 50 feet above the ground.”

According to the website, the High Flyer received a “ground-up restoration in 2017.”

According to the complaint, after boarding a gondola, the girl notified the ride attendant that her shoulder harness would not remain in a locked position, and the attendant reached into the ride’s cage and pushed it down.

The girl knew from a previous ride that the harness was not as snug as it should have been, the complaint alleges, and although she told the attendant she wanted to disembark, he did not permit her to exit.

During the operation of the ride, the girl came out of her seat while the gondola was upside-down, and her head and body repeatedly struck the inside of the gondola until the ride stopped, the complaint said.

“The ride was not cut short even though other passengers on the ride were screaming for the attendant” to halt it, the complaint alleges.

In addition to a concussion, the child reportedly suffered a neck injury, bruises and contusions, pain, headaches, which caused her to miss school, and deficits in attention and concentration.

She also experienced sensitivity to sound and light and sleep difficulties, the complaint said.

Oergel demanded damages in excess of what could be handled through arbitration and is seeking a jury trial and court costs.

Colin Fitch, attorney for the Washington County Fair board, said he had not heard anything about the complaint and therefore could not comment at this point.

According to the suit, the amusement company failed to file an accident report with the Pennsylvania Department of Agriculture, which since 1984 has been responsible for inspecting amusement rides, or any other governmental agency, according to the complaint.

An incident report would have resulted in an inspection of the ride to determine the cause of the accident, Oergel alleges.

Ed Powers, a co-owner of the midway entertainment company, said he was aware of the August 2017 incident and had received a letter about it from an attorney.

“I believe we did contact who we were supposed to,” Powers said.

A spokeswoman for the state Department of Agriculture wrote in response to an email inquiry, “The incident was not reported to the department. Ride operators are required to report certain injuries or illnesses within 48 hours. Incidents that must be reported include injuries or illness that happen on a ride, while it is operating, or during start-up or shut-down, while in line, or elsewhere on the property.”

Powers and Thomas was not the midway provider for the Washington County Fair in 2018 or this year, according to the operator.

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