Keziah Lewis, et al vs. KMG International BV, et al

Case Background

On June 06, 2019, Plaintiff Keziah Lewis and others filed a Product liability lawsuit in the New Jersey State, Somerset County Superior Court (Case number: SOM-L-000737-19). Judge  Robert A. Ballard presided over the case.

Cause

On July 26, 2017, a catastrophic accident occurred at the Ohio State Fair involving the Fireball amusement ride. The ride, manufactured by KMG International BV, held 24 riders and operated by swinging them back and forth up to 22 feet in the air while simultaneously spinning them in a circle. Its structure consisted of a single swing arm attached at a pivot point at the top, featuring six gondola support arms extending from a central hub. Each four-seat gondola connected using 10 bolts to the end of a hollow vertical tube.

Keziah Lewis (19) and her boyfriend Tyler Jarrell (18) attended the fair when the Fair Ride Accident occurred. During operation, the gondola detached, causing Lewis to be ejected and crash into another gondola before falling to the concrete below. Jarrell was launched approximately 60 feet through the air before striking a tractor-trailer’s fifth-wheel plate. Russell Franks (36) and Tamica Gillam Dunlap (30) remained constrained in the detached gondola as it crashed onto the parking lot surface.

Prior to the Fair Ride Accident, KMG allegedly received notifications about corrosion problems inside the hollow gondola tubes and thinning tube walls from a ride operator over the past decade. This corrosion ultimately led to the catastrophic failure of the gondola tube during the ride cycle.

Injuries

Keziah Lewis (19) suffered head trauma, broken bones, and required over twelve surgeries. Her injuries included fractures of C-7, T-2, T-7, T-12, sacrum, acetabulum, right ankle, left shoulder, and ribs. She developed PTSD, experienced word-finding difficulties, and remains partially wheelchair-bound. She graduated from the University of Cincinnati in 2023.

Tyler Jarrell (18) died instantly from blunt force trauma after being thrown 60 feet and striking a tractor-trailer’s fifth-wheel plate. He had planned to join the Marine Corps in 2018.

Russell Franks (36) sustained a depressed skull fracture, traumatic brain injury with frontal lobe hemorrhage, and multiple fractures, including bilateral femur, pelvis, spine, and right ankle. He suffers from incontinence, erectile dysfunction, severe weakness, and depression. He can no longer work.

Tamica Gillam Dunlap (30) endured multiple pelvic fractures, leg fractures, spinal fractures at T6-10 and L-1, rib fractures, pneumothorax, and ankle fractures. She underwent eight surgeries and requires ongoing care.

Damages

In a Product liability lawsuit, the plaintiffs sought compensation for:

  • Medical expenses (past and future)
  • Wrongful death (Jarrell estate)
  • Loss of earning capacity
  • Pain and suffering
  • Permanent disability
  • Emotional distress
  • Rehabilitation costs
  • Loss of quality of life
  • Future medical care

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Keziah Lewis |Russell Franks  | Tamica Gillam Dunlap | The Estate of Tyler Jarrell by and through Jay E. Michael, Esq.
    • Counsel for Plaintiff: Rex H. Elliott| Michael J. Rourke | Mark M. Kitrick | Michael G. Donahue | Robert P. Miller | Jonathan R. Stoudt | Sean R. Alto | Michelle Martin | Bart R. Keyes
  • Defendant(s): KMG International BV |  Ride ResourcesInc. | Rides ResourcesInc. | Rides 4uInc. | Ride LynxLLC | Robert Tucker
    • Counsel for Defendants: James D. Burger| Paul Piantino, III

Claims

The Estate of Tyler Jarrell filed a wrongful death lawsuit against Defendants. The Estate alleged that KMG’s negligence and defective product directly caused Jarrell’s death when the gondola detached during the Fair Ride Accident, launching him 60 feet through the air.

Keziah Lewis pursued claims for product liability and negligence against the defendants. Her product liability lawsuit alleged that KMG’s failure to address known corrosion issues in the Fireball ride caused her severe injuries, including traumatic brain injury, multiple fractures, and permanent disability. .

Russell Franks filed product liability and negligence claims against the defendants for the catastrophic injuries he sustained when the gondola crashed. His product liability lawsuit claimed that KMG’s defective design and failure to maintain proper safety standards resulted in his permanent brain injury, multiple fractures, and ongoing medical conditions.

Tamica Gillam Dunlap brought product liability and negligence claims against the defendants for her severe injuries. Her product liability lawsuit alleged that KMG’s failure to address known safety issues with the ride caused her multiple fractures, spinal injuries, and permanent impairments.

Defense

KMG International BV, the only remaining defendant in the case, did not present any defense claims as they failed to appear at trial. The court record lacks any formal response or defense arguments from KMG regarding the Fair Ride Accident at the Ohio State Fair. Due to KMG’s non-appearance and failure to defend against the allegations, the court granted summary judgment to the plaintiffs in 2023, leading directly to a bench trial focused solely on determining damages.

Prior to the dismissal of other defendants, the original defense group, including Ride Resources Inc., Rides 4u Inc., Ride Lynx LLC, and Robert Tucker, successfully argued for their dismissal from the case. The court record shows these defendants secured their dismissal, leaving KMG as the sole responsible party.

Jury Verdict

On July 5, 2024, the jury awarded substantial damages to all four plaintiffs in the Ohio State Fair Fireball ride accident case. Keziah Lewis received $10 million in compensatory damages and $10 million in punitive damages, totaling $20 million. The Estate of Tyler Jarrell secured $7 million in compensatory damages. They also received $10 million in punitive damages, bringing the total to $17 million. Russell Franks obtained the highest total award of $22 million. This amount consisted of $12 million in compensatory damages and $10 million in punitive damages. Tamica Gillam Dunlap received $9 million in compensatory damages and $10 million in punitive damages, totaling $19 million.

The jury’s total damage award across all plaintiffs reached $78 million in a Product liability lawsuit.

Court Documents:

Available Upon Request