Nekia Dodd, et al vs. Gerstlauer Amusement Rides GmbH, et al
Case Background
On April 25, 2022, Plaintiff Nekia Dodd and others filed a Wrongful death lawsuit in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida (Case number: 2022-CA-003570-O ). Chad K Alvaro presided over this case.
Cause
Tyre Sampson, a 14-year-old honor roll student and football enthusiast, tragically lost his life on March 24, 2022, during a spring break visit to Icon Park in Orlando, Florida. Icon Park, a family-friendly entertainment destination, featured attractions such as the Free Fall ride, the world’s tallest free-standing drop tower. The ride lifted passengers 430 feet into the air, tilted them forward 30 degrees, and released them in a rapid descent exceeding 75 mph. Despite standing 6’2” and weighing 380 pounds, Tyre boarded the ride without visible warnings or restrictions regarding height or weight. Ride operators failed to enforce safety protocols or warn him of the risks.
The ride’s defective over-the-shoulder harness failed to secure Tyre properly, as it lacked seatbelts or secondary restraints. During the descent, he was ejected from his seat and fell over 100 feet to his death. This preventable amusement park accident underscored critical safety lapses and sparked widespread outrage.
Injuries
Tyre suffered fatal injuries when the ride’s safety system malfunctioned, ejecting him mid-ride. His fall of over 100 feet caused catastrophic trauma, leading to his untimely death. Despite the ride’s high-risk nature, operators neglected to perform basic safety checks, such as height and weight assessments or double-checking harnesses. These failures made the amusement park accident a direct result of gross negligence, amplifying the tragedy of this wrongful death lawsuit.
Damages
Tyre’s death inflicted immense emotional suffering and financial hardships on his parents, Nekia Dodd and Yarnell Sampson. They mourned the loss of a bright, kind-hearted son with a promising future. As a talented football player, Tyre could have brought financial security to his family. Instead, they faced significant expenses for his funeral and other costs arising from the Free Fall ride accident.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Nekia Dodd | Yarnell Sampson as Co-Personal Representatives of the Estate of Tyre Sampson, Deceased, for and on behalf of all survivors
- Counsel for Plaintiff: Ben Crump | Natalie Jackson
- Defendant(s): Gerstlauer Amusement Rides GmbH | Gregory S. Hurd | ADP & Associates Professional Inspections Inc. | “Funtime” Handelsgesellschaft M.B.H
- Counsel for Defendants: Arnd von Waldow | Michael Brand
Key Arguments or Remarks by Counsel
Attorneys Ben Crump and Natalie Jackson issued the following statement after Thursday’s verdict:
“This verdict is a step forward in holding corporations accountable for the safety of their products. The jury’s decision confirms what we have long argued: Tyre’s death was the result of blatant negligence and a failure to prioritize safety over profits. The ride’s manufacturers neglected their duty to protect passengers, and today’s outcome ensures they face the consequences of those decisions.
“We hope this case serves as a wake-up call for the entire industry to implement stricter safety measures and oversight to prevent such tragedies from happening again. Tyre’s legacy will be a safer future for riders everywhere.”
Claims
Tyre’s parents filed a wrongful death lawsuit against Icon Park, the ride operators, and the manufacturers responsible for the Free Fall ride’s defective design. They alleged gross negligence in failing to implement adequate safety measures, such as properly designed restraints, seatbelts, and visible warnings about height and weight limits. The lawsuit claimed operators failed to train employees in safety protocols, and the ride’s design posed unreasonable risks. The defendants violated Florida amusement park safety regulations and ASTM standards, exposing systemic failures in ride safety management. The family sought accountability for the negligence that caused Tyre’s death and demanded justice for this tragic amusement park accident.
Defense
The defense denied liability for Tyre’s death, citing compliance with state regulations and industry standards. They argued that any hazardous conditions were open and obvious, placing responsibility on Tyre or his guardians for assuming the risks of the Free Fall ride. Additionally, they claimed that third-party actions or negligence, over which they had no control, were the proximate cause of the incident. The defense sought to reduce damages based on comparative fault, collateral source payments, and improper joinder of parties.
Jury Verdict
On December 5, 2024, the jury held the company liable for the catastrophic failure of safety measures on the Free Fall ride that caused Tyre’s death. They awarded Tyre’s parents, Nekia Dodd and Yarnell Sampson, $155 million each, recognizing their profound loss and emotional devastation.
In total, the jury ordered the defendants to pay $310 million in damages in a Wrongful death lawsuit.
Court Documents:
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