By William Morris, Des Moines Register
- The trial of the Jaramillo family’s lawsuit against Adventureland’s former owners over the 2021 Raging River ride death of their 11-year-old son is set to begin.
- The trial will focus on the Jaramillo family’s accusations of negligence against Adventure Lands of America Inc. and former CEO Michael Krantz.
- Several other defendants, including the ride’s manufacturer and the state of Iowa, have been dismissed from the case or reached settlements.
Nearly four years after a child died when a raft overturned on an Adventureland ride, his family is finally about to have its day in court in their suit against the former owners of the Altoona amusement park.
Submerged for an extended period in the July 3, 2021, accident on the since-closed Raging River ride, Michael Jaramillo, 11, died and his brother was seriously injured. Their father also was hurt.
The family from Marion in suburban Cedar Rapids filed suit in June 2022, accusing Adventureland, several of its employees, suppliers and contractors, and the Iowa Division of Labor, which inspected and approved the ride, of wrongdoing contributing to the accident.
After repeated delays, the lawsuit is finally set to go to trial Monday, June 2, at the Polk County Historic Courthouse. Here’s what to know as the case finally gets underway.
Who is going to trial Monday?
The trial will pit the Jaramillo family — parents Sabrina and David Sr., sons David Jr. and August and cousin Nyla Pettie, all of whom were aboard the ill-fated raft — against Adventure Lands of America Inc., the park’s then-owner, and then-CEO Michael Krantz, the son of the park’s founder.
The park has been sold twice since the July 2021 drowning, and its current owners, Herschend Family Entertainment, are not defendants in the suit.
Krantz and Adventure Lands Inc. have pinned blame for the raft’s failure on Texas-based Cryogenic Plastics Inc., or CPI, which made and maintained the raft’s floatation bladders and other key components.
They’ve filed a third-party claim against CPI.
What happened to the other defendants?
Over the course of the lawsuit, the Jaramillos have settled claims against several defendants, including engineering firm Irvine Ondrey and CPI, leading to dismissals of those parts of their complaint.
They also have dismissed claims against several former Adventureland workers, with an agreement that the company will bear liability, if any, for their actions.
The family also had pursued claims against the state, alleging that ride inspector Bruno Burriola performed a deficient inspection before approving the ride for operation the day before the accident.
But on April 16, Judge Patrick Smith granted summary judgment in the state’s favor, ruling it was protected from liability by a legal rule known as the public duty doctrine that limits the culpability of public officials for alleged negligence.
What are the claims against Adventureland?
In pretrial filings, the Jaramillos have accused Adventure Land Inc. and Krantz of a range of errors, from having unqualified and undertrained workers and executives to unauthorized modifications to the Raging River waterway and rafts, including a jury-rigged repairs to key watertight components.
They allege that on the day of the accident, park employees were aware of numerous issues with the ride, including the raft that ultimately capsized, yet kept the rafts in, or returned them to, service. Although bystanders came to the family’s aid and ultimately were able to free everyone from the trapped raft, Adventureland employees were slow to react, and emergency responders were delayed in reaching the scene by the layout of the park, the Jaramillos claim.
Michael was pronounced dead at a hospital where he was taken after being pulled from beneath the raft.
In addition to various claims for negligence, loss of consortium and emotional distress, the family also seeks punitive damages, which would require showing Adventure Land Inc. acted with “willful and wanton disregard for the rights or safety of another.”
How long will the trial last?
The trial is scheduled to take as much as three weeks. That timeline was established before several parties were removed from the case, which will likely simplify the proceeding.
Still, the Jaramillos have listed more than 60 witnesses and 260 exhibits they expect to offer at trial. Adventure Land Inc. and Krantz, for their part, have listed 26 witnesses and 40 exhibits.
What took so long?
The trial was originally scheduled for March 2024, but the defendants have sought and received several extension of the trial date as the parties completed dozens of depositions and obtained reports from numerous experts around the country.
The legal wrangling continued as recently as May 23, when attorneys for Adventure Land Inc. sought to appeal an order allowing the plaintiffs to view some of its financial records. The Iowa Supreme Court declined to take the appeal, however, clearing the way for trial to continue as scheduled.
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