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Saturday, May 26, 2012

Parents of toddler killed on roller coaster sue indoor theme park

Updated: August 4, 2011 4:20PM



The parents of a 3-year-old Dolton boy who was killed after falling head-first from a kiddie roller coaster on April 2 filed a wrongful death lawsuit Wednesday against Go Bananas, an indoor theme park in suburban Norridge.

Before Lisa Dansby allowed Jayson Dansby on the Python Pit roller coaster with his twin brother that fateful Saturday night, she asked an employee if it was OK for her to ride with the boys. The ride operator said parents are permitted to ride with their children, but it was not required. She told Lisa Dansby that every person is checked to make sure they are “secured” on the ride, according to a Norridge police report.

After the ride went around its track three or four times, Jayson got free of the bar restraining him and stood up. As the coaster, which travels about 14 mph, headed up a small incline, Jayson fell head-first between the first and second cars. He was run over by the coaster, which did not stop.

The coaster operator told police she pushed the emergency stop button on the ride, but it did not work. The operator told investigators the ride “won’t stop until it goes through a full cycle,” the police report states.

Jayson’s parents ran into the ride’s tunnel, where their son was flat on his back. His “skull was severed” and “blood and brain matter” were on the ride.

Jayson died before paramedics arrived, according to the police report.

The lawsuit alleges Go Bananas failed to have an emergency stop function, adequate braking and passenger-restraint systems on the roller coaster; did not properly train employees or warn parents of dangerous conditions, and did not have the ride adequately inspected and maintained.

The Dansbys’ attorney, Patrick Salvi, said Jayson’s death was the result of “gross negligence.” Salvi criticized Go Bananas owner, Jerrold Marks.

“The owner seemed to be more concerned with reopening . . . rather than say to the Dansbys, and other families: ‘We accept responsibility. We’re looking at this ride. We’re going to see if we can do it better. We’re going to make sure it never happens again. We take responsibility for all for the children that come in here,’ ” Salvi said. “He was more interested in saying why they didn’t do anything wrong and say [the business] will be reopened.”

Marks did not return a call seeking comment.

Salvi also said Go Bananas did not produce maintenance records for the coaster to police.

Salvi would not say how big of a payout he expects if the Dansbys, who are devastated, win the three-count lawsuit.

“It will be fair,” he said. “But oftentimes fair is very substantial.”

In a separate lawsuit, Marion Grant, who witnessed Jayson’s death, filed a lawsuit against Go Bananas claiming she suffered emotional distress and anxiety while trying to help him, according to court papers.

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