A Riverview woman is suing Magic Mountain for negligence over injuries she claims she suffered in an accident at the water theme park last summer.
Elizabeth Tracy alleges she suffered serious injuries on the Torpedo slide on July 29, including multiple fractures to her right leg, as her husband and three young daughters looked on, according to the statement of claim, filed with the Court of Queen's Bench in Moncton.
The lawsuit claims there wasn't enough water in the slide to cushion her fall because an unknown employee had forgotten to release the main water value that feeds huge volumes of water to all of the rides in the park.
None of the allegations have been proven in court.
A statement of defence has not yet been filed.
Magic Mountain officials could not immediately be reached for comment.
Tracy has already required surgeries for her injuries, is expected to require more, and will likely face a lengthy rehabilitation period, according to the six-page statement of claim.
At the time of the accident, Tracy was not a Canadian citizen and therefore did not have New Brunswick medicare coverage.
She is seeking both general and special damages for pain, suffering, inconvenience, loss of enjoyment of life, as well as out-of-pocket expenses for medical costs, rehabilitation and loss of income.
Her husband, who witnessed the incident and "suffered serious emotional upset," is also seeking general and special damages for pain and suffering and lost or diminished earnings as he helps Tracy with her extensive convalescence and rehabilitation.
Tracy's three daughters, aged six, eight and 10, also suffered "serious emotional shock as a direct result of being an eye witness to their mother's injury, and as a result of having to witness the aftermath of her attempts to recover," the court documents state.
They are seeking general damages for "emotional upset, suffering and loss of enjoyment of life."
Offered to go before daughter
Tracy arrived at the park with her family just before it opened on the day in question, the court documents state.
They waited outside the gates while park officials completed a "last minute safety inspection" and were cleared to enter.
One of Tracy's daughters asked to ride a slide called the Torpedo, which is nearly two storeys high.
Magic Mountain's website describes the Torpedo as being "for the most daring." It features Canada's first Skybox drop capsule.
"Enter the Torpedo through the transparent door and if you dare, inspect your fate through the transparent floor panel and take your last breath before being launched down the ride of your life!" the website states.
"The launch angle of the Torpedo has been carefully calculated in conjunction with the speed with which the floor drops out to provide the greatest sensation of weightlessness, while providing a very safe and consistent anticipatory launch."
Tracy and her daughter climbed to the top of the slide while Tracy's husband and two other daughters stayed at the bottom to watch.
Tracy's daughter was nervous, so Tracy offered to go first, according to the court documents.
She climbed inside an enclosed cabinet, crossed her legs and put both hands behind her back, as instructed by staff, the documents state.
A Magic Mountain employee did a count down from three with his fingers, then the platform under Tracy's feet was released.
She plummeted at a "very high rate of speed" to the bottom of the slide, when her feet "suddenly and without warning struck a solid wood or plastic surface," the documents state.
"Immediately following the impact, Elizabeth Tracy felt a very high level of pain in her legs. She tried to sit up and at this point noticed that her right leg was very badly deformed and misshapen. She then went into shock."
An employee who was standing at the bottom of the slide, beside Tracy's husband, allegedly shouted to another employee at the top words to the effect of: "We didn't fill the pool at the bottom."
"Very shortly afterwards a female employee (apparently a supervisor) approached [Tracy's husband] and explained to him 'there wasn't enough water to stop her,'" the statement of claim alleges.
Tracy suffered multiple fractures in her right leg, including her femur, tibial plateau, talus and ankle, the documents state.