FACTS & ALLEGATIONS
Plaintiff Sam Nguyen, 13, a student, visited Astroworld in Houston, with a group of friends. As Nguyen was riding in the front car of an indoor roller coaster, called the Mayan Mindbender, the cars descended into almost complete darkness and turned quickly to the right. Nguyen was thrown from the car and landed on the concrete floor 20 feet below. He sustained serious injuries, some of them permanent.
Nguyen’s parents, Tony and Phung Nguyen, individually Anton behalf of their son, sued Six Flags Theme Parks Inc., d/b/a Six Flags Astroworld and Diedra D. Wuenschel, the ride supervisor, for premises liability, alleging that the restraint systems were defective.
Nguyen made a variety of other allegations against Six Flags, claiming negligence per se, gross negligence in the maintenance and operation of the Mayan Mindbender, and claimed that Six Flags spoliated material physical evidence when it replaced the restraint systems.
The impact with the concrete floor shattered all of Nguyen’s facial bones, fractured his left hip and fractured his left ankle. A neuro-psychologist diagnosed Nguyen with cognitive deficits and post traumatic stress disorder as a result of the accident.
Nguyen suffered permanent disfigurement to his face in that his left eye was misaligned with his right eye and he had a scar traversing the crown of his head. He also experienced difficulty breathing through his nose and was hospitalized in intensive care for several weeks and underwent surgeries to his face and left hip which involved the placement of hardware.
He incurred almost $200,000 in past medical bills.
RESULT: The case was resolved when attorneys for the parties reached a confidential settlement during the second round of mediation facilitated by John Kain of Houston.
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Rob Ammons is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, in addition to being Board Certified in Civil Law by the National Board of Trial Advocacy. Rob Ammons’ law practice, The Ammons Law Firm, is located in Houston, Texas. The Ammons Law Firm practice is exclusively personal injury law, handling such cases as: tire defects, oil rig explosions, truck accidents, plant explosions, refinery accidents, wrongful death, post-collision fires, seat belt defects, airbag defects, SUV rollovers and workplace negligence.