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Family in tragic water slide death reach settlement with park

January 12, 2017 By: Stephen Dietrich

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The family of a Kansas lawmaker’s 10-year-old son killed last summer on what was billed as the world’s tallest water slide reached a settlement Wednesday with the park’s owner and the raft’s manufacturer.

Terms of the deal filed in Kansas’ Johnson County District Court involving Caleb Schwab’s family were not released.

Messages left by The Associated Press with one of the family’s attorneys, Michael Rader, and with Caleb’s father, Republican state Rep. Scott Schwab, were not immediately returned. Scott Schwab did not attend Wednesday’s legislative session.

“The Schwab family remains determined to hold all those responsible for this tragedy accountable, while doing all they can to ensure this never happens again to another family,” the family’s attorneys said in an emailed statement later Wednesday, adding that “in the near future we will be allowed to disclose further specifics regarding the settlement.”

The family’s court filing Wednesday noted that the settlement “shall have no impact, whatsoever,” on any potential claims against others, including the ride’s designer.

A spokeswoman for Schlitterbahn Waterparks and Resorts, Winter Prosapio, confirmed the settlement, which was first reported by The Kansas City Star. But she declined to elaborate, other than to say the park’s owners plan to follow through on permanently removing the slide from its 168-foot tower as announced in November.

“We’ll have an announcement in the future about what will go in its place,” Prosapio told the AP. “We are very anxious to take it down, and hopefully this (development Wednesday) will be another step in that direction.”

An attorney for two women injured with Caleb Schwab during the ill-fated ride last Aug. 7 on the “Verruckt” slide — German for “insane” — said Wednesday’s action does not resolve any potential liabilities against the park’s operators by his clients. Lynn Johnson declined to discuss the status of his clients’ case involving Schlitterbahn.

No charges have been filed in the matter as of Wednesday.

Authorities said the Kansas City, Kansas, police investigation of Caleb’s death has been turned over to the Kansas Attorney General’s Office, which said through spokeswoman Jennifer Montgomery that it has accepted the case for review at the request of local prosecutors. Montgomery, in an email to the AP, offered no other details.

The ride has been closed since Caleb Schwab died. The boy was decapitated in the accident, a person familiar with the investigation previously told the AP on condition of anonymity because that person was not authorized to speak publicly about the boy’s death.

Verruckt featured multi-person rafts that make a 17-story drop at speeds of up to 70 mph, followed by a surge up a hump and a 50-foot descent to a finishing pool.

Riders, who were required to be at least 54 inches tall, were harnessed with two nylon seatbelt-like straps — one crossing the rider’s lap, the other stretching diagonally like a car shoulder seatbelt. Each strap was held in place by long straps that close with fabric fasteners, not buckles. Riders held ropes inside the raft.

States’ regulations of waterslides and other amusement rides have faced scrutiny following Caleb’s death. Kansas is known for its light regulation of amusement park rides, and the Texas-based company that operates Schlitterbahn lobbied legislators to help ensure that it remained responsible for its own inspections.

Kansas mandates annual inspections of permanent amusement park rides but allows private inspectors to do the checks, rather than requiring a state inspection. A document released by the state Department of Labor after Caleb’s death showed that all of Schlitterbahn’s rides passed private inspections in June.

After being sworn in again on Monday, two months after being re-elected, an emotional Scott Schwab told legislative colleagues during his first formal speech since his son’s death to remember there’s more to life than what happens in the Capitol. Schwab told lawmakers to “let it go” when their bills die or amendments fail, and that “life isn’t worth wasting too much emotional energy on such things.”

“I just want you to know, it could be worse, and it will get better,” he said.

The Associated Press contributed to this article. 

About the Author

Stephen Dietrich

Stephen is a U.S. Army veteran with over a decade of combined experience in political commentary, economics, and news.

Comments

  1. Awake says

    January 12, 2017 at 11:12 am

    God bless this family and all involved. Such a tragedy. Such a beautiful boy !

    Pain and heartache is something that takes time to heal. But, the poor family will never get over the pain. There will be reminders. Hope that they find comfort in these times

    RIP beautiful boy!

  2. Juan Robledo says

    January 12, 2017 at 7:20 pm

    Tragic accident, was the child supervised by an adult, the parents should also be accountable as well if they felt it wasn’t safe then one or both should have stopped their son on sliding on that particular slide, instead of pointing fingers

    • G says

      January 14, 2017 at 10:18 am

      Stop blaming the parents every time a child get hurt. Nobody an expert on all the things might go wrong or a what a child might do that causes them harm.

  3. A Hartsock says

    January 14, 2017 at 3:50 pm

    It’s sad that this young boy died on this amusement park ride. But other kids of the same age die falling out of trees in their own yard, or riding a bicycle that encounters a vehicle, or many other mishaps involving human bodies and machines. I’m sure that no one involved with the amusement park wanted to harm this boy. First of all it’s bad for business. Then there’s the lawsuit. Both are expensive. Hopefully the parents use the settlement money for a good purpose-maybe college money for brothers or sisters. Hopefully all sides heal mentally after this accident.

    • Carl Ferrigno says

      January 15, 2017 at 12:24 pm

      Maybe the difference here is of course– MONEY they say we’ll give you the thrill of your life for MONEY! the place should be turned back into a profitable cornfield and the owners of the park and all involved should be put in prison for manslaughter, end of story. The stupid parents are also to blame for letting their child on such a ride.

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