FORT MILL, S.C. — Cedar Fair Southwest, the owner of the Carowinds theme park, is facing a lawsuit after plaintiff Michael Kalos claims the company, amusement park, and two employees who were not identified in the suit were "negligent and reckless" while he worked on a ride, resulting in him losing his hand.
Kalos' hand was amputated on March 6, 2019, after he attempted to inspect the wire rope on the Windseeker ride. The lawsuit mentions that the usual Cedar Fair employee who would normally accompany Kalos was not available that day. As a result, the two employees who are referred to as "John Doe 1" and "John Doe 2" were told to control the wire rope's movement during the inspection.
The inspection required Kalos to use his gloved hand while doing a "tactile inspection" of the rope as it moved through his hands. The two Cedar Fair employees were expected to move the rope at a slow speed.
However, the lawsuit claims the two employees operated the wire at a speed that resulted in Kalos' hand being "pulled into a pully which amputated his right hand".
Kalos and his attorney claim the park, its owner, and its employees failed to do the following:
- inform Kalos of the proper lock out tag out procedure for the inspection of the Windseeker
- follow the proper lock out tag out procedure for the inspection of the ride
- train the employees assisting in the inspection on the proper procedures to inspect the ride
- implement proper confined space protocols to ensure those operating in confined spaces could do so safely.
- comply with the requirements of SC Code 41-15-210 - 220 and S.C. Regs 71- 108 et. a1.
- move the wire rope at a speed that was safe and appropriate for wire rope inspection
- require that only trained and experienced operators control the speed of the wire rope during the inspection.
- follow the manufacturer's instructions on how to safely control the wire rope during the wire rope inspection.
- have an emergency readiness in the event that Kalos suffered a medical emergency while inspecting the wire rope.
- adopt, disseminate and enforce a written procedure to be followed by all personnel involved in wire rope inspection of the Windseeker ride.
Although Kalos is not asking for a specific amount, he is asking for "judgment against the defendant for actual damages, together with punitive damages in an appropriate amount, for the costs of this action, and for such other and further relief as the Court may deem just and proper".
Read the entire lawsuit below: