In a gripping legal battle, a plaintiff has taken on an amusement park operator over an injury sustained while waiting to board a rollercoaster. Tessa Smith filed the complaint against Magic Mountain LLC in the Superior Court of Los Angeles County on August 30, 2017. The case, which recently concluded with an appeal decision on November 21, 2024, has raised significant questions about the duty of care owed by amusement parks to their patrons.
The incident occurred on November 5, 2016, when Tessa Smith visited Six Flags Magic Mountain in Valencia, California. Despite having back issues that required prior surgeries and the implantation of metal rods, Smith's doctors had cleared her for amusement park activities. During her visit, she used a disability pass to access the Twisted Colossus rollercoaster queue line for a second time that day. While waiting in the holding area before boarding, Smith leaned on a railing and dangled her hand between two posts. When the airgates opened to allow passengers onto the ride, her hand was caught and severely injured between an airgate post and a protruding bracket.
Smith's lawsuit accused Magic Mountain of negligence and premises liability, arguing that the park failed to exercise the heightened duty of care owed by common carriers. She sought damages exceeding $8 million for chronic regional pain syndrome resulting from her injury. However, after a four-week jury trial in 2022, the jury found Magic Mountain not negligent. The trial court denied Smith's motion for a new trial based on alleged juror misconduct and errors in jury instructions regarding common carrier liability.
On appeal, Smith contended that she was entitled to instructions on the heightened standard of care applicable to common carriers. However, the appellate court upheld the trial court's decision, ruling that substantial evidence did not support such instructions because Smith had not yet been accepted as a passenger under Magic Mountain's control at the time of her injury.
The case also involved allegations of juror misconduct during voir dire and pre-deliberation discussions among jurors about evidence presented at trial. Despite these claims, both courts found no prejudicial misconduct warranting a new trial or mistrial.
Representing Tessa Smith were attorneys Gary A. Dordick and John M. Upton from Dordick Law Firm. Magic Mountain LLC was defended by Michael L. Amaro and Sanaz Cherazaie from Amaro Baldwin LLP. The case was presided over by Judge James E. Blancarte with Case ID BC673951.