Family of girl who died on ride at Colorado amusement park files wrongful death lawsuit

DENVER – Attorneys for the household of the 6-year-old miss who died aft falling 110 feet connected a thrust astatine Glenwood Caverns Adventure Park due to the fact that she was not buckled successful filed a wrongful decease lawsuit against the parkland Wednesday.

The lawsuit claims that the parkland was told doubly — successful 2018 and 2019 — of instances successful which operators of the Haunted Mine Drop ride connected which 6-year-old Wongel Estifanos was killed astir dispatched the thrust erstwhile different radical were not buckled in, which is what a authorities probe recovered occurred connected Sept. 5 erstwhile Estifanos died.

The suit was filed Wednesday successful Denver District Court by Greenwood Village-based lawyer Dan Caplis and different attorneys astatine his firm. The attorneys are seeking a uncovering from the tribunal that Glenwood Caverns Adventure Park was liable for the felonious sidesplitting of Estifanos “caused by aggregate acts that represent a reckless disregard of a important and unjustifiable hazard that the acts would origin death.”

The suit says the parkland breached its work and caused Estifanos’s decease due to the fact that of “gross negligence” and that it ignored — and failed to supply to the authorities investigators — emails from 2 antithetic guests successful 2018 and 2019 who reported that operators of the thrust were incapable to buckle successful guests connected the thrust properly.

One of those instances was detailed successful the study connected the September accident from the Colorado Department of Labor’s Division of Oil and Public Safety that was released connected Sept. 24.

That study discussed an email forwarded to the part by the Garfield County coroner, who was emailed successful 2019 by a idiosyncratic who said helium had sat connected his seatbelt and wasn’t correctly buckled successful arsenic the thrust relation was astir to dispatch the ride, which pulls a level retired from underneath riders’ feet and drops them down the excavation shaft much than 100 feet.

According to the study and the recently filed lawsuit, the antheral told the relation helium wasn’t buckled successful and argued whether that was the case. Eventually, the relation realized they were incorrect and buckled the antheral in.

“During the full ride, each I could deliberation of was what if I didn’t importune connected [redacted] checking again? I had nary thought what the thrust was. I didn’t cognize the level was going to drop. This could person ended successful calamity for everyone,” the email said.

The suit says the antheral had besides sent a akin email to Glenwood Caverns Adventure Park successful August 2019. It besides details different study made successful 2018 to the parkland astir different lawsuit successful which the thrust was astir dispatched erstwhile idiosyncratic was not buckled in.

In that instance, according to the lawsuit, a pistillate emailed the parkland connected July 25, 2018, telling them she had taken her 6-year-old kid connected the thrust and that the thrust operators did not buckle successful a teenage lad who was besides connected the ride. The suit claims the pistillate screamed astatine the operators that the teen was not bucked successful and that they came backmost and apologized portion fastening the belts.

The suit says the park’s quality resources manager emailed the pistillate backmost the aforesaid time acknowledging the incidental and allegedly saying, according to the case, “I cognize this doesn’t excuse america from ensuring each belts person been secured … I tin guarantee you that this email volition let america to retrain and proceed to guarantee the utmost harmless cognition of this ride. … Again, I admit you bringing this to our attention, and we volition instrumentality immoderate indispensable steps to amended the information of our operation.”

The suit claims that the 2018 and 2019 incidents progressive the “same reckless failure” that caused Estifanos’s death.

It besides claims that though Colorado investigators ordered the parkland to nutrient each complaints made regarding the Haunted Mine Drop, it did not disclose the 2019 complaint, citing an email strategy issue, nor the 2018 complaint, which the suit claims attorneys learned of aft receiving a telephone from idiosyncratic who had seen quality sum astir the case.

The suit claims that since the parkland knew determination were anterior issues with operators not decently buckling radical in, it breached its work to Estifanos’s household and others successful protecting their safety.

The authorities study found Estifanos was sitting connected apical of her 2 seatbelts erstwhile the thrust was dispatched and that relation mistake and a deficiency of due grooming connected operating the thrust were to blame.

The suit says she was with her mother, father, 2-year-old brother, uncle, aunt, and children astatine the parkland that day. Estifanos, her uncle, 2 of his children, his wife, and different comparative went connected the Haunted Mine Drop, and aft it was dispatched, the uncle realized Estifanos was not successful her seat.

According to the coroner, it says helium saw her “battered body” — Estifanos died of blunt-force injuries and suffered fractures, encephalon injuries, and interior and outer injuries, according to the suit — astatine the bottommost of the excavation shaft. He tried to get to her, but the thrust brought them backmost to the apical of the post, the suit states.

The attorneys for the household are asking for the tribunal to assistance them wrongful decease damages, some monetary and non-monetary, expenses, a post-trial uncovering of felonious sidesplitting connected behalf of the park, and pre-and post-judgment interest, costs, and attorney’s fees.

The Glenwood Caverns Adventure Park’s nationalist relations squad did not instantly respond to a petition for remark connected the suit Wednesday morning.

Caplis’s steadfast issued a connection saying Estifanos’s parents – Estifanos Dagne and Rahel Estifanos – filed the suit arsenic “the archetypal measurement successful their conflict for the afloat information and afloat accountability from the amusement park.”

“They volition usage this civilian enactment to unit the afloat information to beryllium disclosed to them and the public,” the steadfast said successful a statement. “Their ngo is to support different families by holding each who are liable for the sidesplitting of their girl afloat accountable and by sending a large and wide connection to the full amusement parkland industry.”

Denver7 is expected to talk further with Caplis connected Wednesday.

This is simply a processing communicative and volition beryllium updated.

Blair Miller astatine KMGH archetypal reported this story.