Dixie Landin' Sued for Boy's Accident - WAFB 9 News Baton Rouge, Louisiana News, Weather, Sports

Dixie Landin' Sued for Boy's Accident

"Over the Rainbow" ride "Over the Rainbow" ride

The parents of that two year old who fell at Dixie Landin' Amusement Park earlier this month have now filed suit against the park. Their lawsuit claims the boy's mother was not allowed to sit next to her young son on the ride because of the condition of one of the seats. WAFB's Julie Baxter has been digging in the court records, and found another suit alleging an injury at the park was filed just days before the 2-year-old fell. Plus, there were other cases.

According to the official Fire Marshal's investigation, little Kobe Carter fell at least 25 feet on June 9 from the "Over the Rainbow" ride.

The suit filed by Carter's parents claims that after Kobe's mom, Desjevuan Frank, sat him down and tried to sit next to him, "the attendant instructed her to sit in a different seat because the seat next to Kobe was out of order. After the ride began Desjevuan witnessed Kobe moving in a jerking motion in his seat, and she attempted to have the ride stopped..." but despite her efforts the suit says Kobe fell 30 feet from the ride to the ground. 

The official State Fire Marshal's report -- just released -- sheds a little more light on the family's ride that day.

The report says Ms. Frank's son was riding next to his 3 1/2 year old sister when the incident occurred, and goes on to say Kobe's mother was approximately eight feet from where her child sat. However, the report emphatically contends there was nothing mechanically wrong with the rainbow ride.

9 News has learned that it was just days before Kobe's accident that another suit was filed against Blue Bayou over another ride -- this one by a St. Tammany Parish woman. 

Diana Landry claims in her suit that she was third from the front riding the Conja' ride, when, as the ride started downwards, towards the water: "the raft landed and the force from the speed of the raft caused the passenger in the seat in front of Ms. Landry to be thrown forward and then backwards, causing her head to strike Ms. Landry in the face."

The suit claims the Conja' ride was not equipped with any safety restraints, belts, harness and/or protective equipment to prevent an accident of this nature.

Still, the park maintains safety is a top priority, with at least one Emergency Medical Services (EMS) tech on duty at all times.

An attorney for the park told 9 News, "We believe that there have been at least 600,000 people who have ridden 'Over the Rainbow' since it started operation about three years ago.  To the best of our knowledge, this is the only claim that we have ever had related to this ride."

We did a search of court records today and in the last fifteen years, it appears that at least eight suits have been filed, before this year, claiming people were injured at the park. All of those claims were dismissed from court; some settled, while many were dismissed because a judge said the claims just weren't true.

Reporter: Julie Baxter jbaxter@wafb.com

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