A judge has removed Magic Mountain as a defendant in a lawsuit filed by a Santa Clarita husband and wife after the woman allegedly suffered a traumatic brain injury and other medical complications while riding the X2 roller coaster in 2020.
Sheila Katerelos, 54, and her 50-year-old husband, Ari, brought the suit against Magic Mountain LLC, Six Flags Theme Park Inc. and other parties, alleging negligence, strict product liability, negligent product liability and loss of consortium. Sheila Katerelos' injuries occurred at the Valencia theme park on Feb. 16, 2020. She will continue to incur medical expenses and will be unable to work for the foreseeable future, the suit filed in November 2021 states.
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The roller coaster had a design defect and the theme park failed to warn visitors of its potential danger, according to the suit, which further stated that Ari Katerelos has been deprived of the comfort and affection of his wife because of her injuries.
On Wednesday, Chatsworth Superior Court Judge Gary I. Micon granted the theme park's motion to dismiss the part of the case without opposition from the plaintiffs. The judge stated that in his ruling because because the couple's lawyers "clearly and unhesitatingly requested" that he grant the park's dismissal motion, he was doing so without addressing its merits.
"The granting of this motion has no effect on the remaining defendants," the judge further wrote.
In their court papers, Magic Mountain attorneys contended that Sheila Katerelos was properly restrained in her X2 ride seat.
"Plaintiff did not have any concerns about her ride restraints or her ride seat on the X2, before the ride was dispatched from the X2 ride station," park lawyers stated in their court papers.
A biomechanical engineering expert, Robert Cargill, conducted data regarding the ride's forces, showing that the X2 did not produce sufficient ride forces to cause a subdural hematoma or a traumatic brain injury in Katerelos, park lawyers maintained in their court papers.
"Additionally, there were no known component part failures on the X2 ride that would potentially cause injuries to riders," according to the Magic Mountain attorneys, who further stated in their pleadings that the head restraint padding design and the low acceleration forces indicate the ride cushion was sufficient.
"Tellingly, (Sheila Katerelos) had a medical history of hypertension and the signage warned that individuals with hypertension should not ride," Magic Mountain lawyers further contended in their court papers. "Ultimately, the ride signage provided sufficient information for a rider to evaluate whether to take part in the ride and to properly ride the X2 ride."
The park attorneys also maintained in their pleadings that Ari Katerelos' cause of action was unsupported by law.
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