2013 Hurricane Harbor Drowning Lawsuit

(p 1 TH JUDICIAL DISTRICT COURT

COUNTY OF TARRANT

FORT WORTH, TEXAS

MELINDA FORBES, MICHELLE TRAIL, § JEFFREY FORBES, AND ' § NELSON SCOTT FORBES , INDIVIDUALLY§ AND MICHELLE TRAIL ON BEHALF OF § THE ESTATE OF LINDA FORBES, §

Plaintiffs §

vs.

HURRICANE HARBOR, LP AIK!A SIX FLAGS HURRICANE HARBOR, HURRICANE HARBOR GP, LLC, AND SIX FLAGS THEME PARKS, INC.

Defendants

§ § § § § § § §

NO. _____ _

PLAINTIFFS' ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

13

Come now PLAINTIFFS MELINDA FORBES, MICHELLE TRAIL, JEFFREY ORBES,

AND NELSON SCOTT FORBES, INDIVIDUALLY; (collectively referred herein as "THE

FORBES CHILDREN") AND MICHELLE TRAIL ON BEHALF OF THE ESTATE

FORBES ("ESTATE"); collectively referred herein as PLAINTIFFS; and file this thei

Petition in the above-entitled and numbered cause, complaining of DEFENDANTS HU

HARBOR, LP AIK/A SIX FLAGS HURRICANE HARBOR("DEFENDAfT S

HURRICANE HARBOR"), HURRICANE HARBOR, GP ("DEFENDANT HU

HARBOR GP") AND DEFENDANT SIX FLAGS THEME PARKS, INC. ("DEFEN SIX

PLAINTIFFS' ORIGINAL PETITION 0613008/Forbes Page I

FLAGS") together collectively referred herein as DEFENDANTS, and for cause pf acti would

respectfully show unto the Court the following:

DISCOVERY CONTROL PLAN DESIGNATION

I.

PLAINTIFFS designate Level2 ofT.R.C.P. as the Discovery Control Plan in this cause.

PARTIES

II.

MELINDA FORBES is an individual residing in Collin County, Texas.

III.

MICHELLE TRAIL is an individual residing in Kaufinan County, Texas.

IV.

JEFFREY FORBES is an individual residing in Peoria, Illinois.

v.

NELSON SCOTT FORBES is an individual residing in Peoria, Illinois.

VI.

DEFENDANT HURRICANE HARBORLP NK/A SIX FLAGS HURRICANE ARBOR

is a Limited Partnership duly authorized to do business and is transacting business in Tarr t County,

Texas. Service of process may be effected upon HURRICANE HARBOR LP by rving its

registered agent, Corporation Service Company d/b/a CSC - Lawyers Incojporati Service

Company at 211 E. 7th Street, Suite 620, Austin, Texas 78701-3218.

VII.

DEFENDANT HURRICANE HARBOR GP LLC is a General Partner dul!)' auth . ized to do

PLAINTIFFS' ORIGINAL PETITION 0613008/Forbes Page2

business and is transacting business in Tarrant County, Texas. Service of process may be ffected

upon HURRICANE HARBOR GP LLC by serving its registered agent, Corporation Service

Company d/b/a CSC- Lawyers Incorporating Service Company at 211 E. 7m Skeet, S ite 620,

Austin, Texas 78701-3218.

VIII

DEFENDANT SIX FLAGS THEME PARKS INC. is a corporation duly authori ed to do I

business and is transacting business in Tarrant County, Texas. Service of process may b effected

upon SIX FLAGS THEME PARKS INC. by serving its registered agent, Corporatio Service

Company d/b/a CSC - Lawyers Incorporating Service Company at 211 E. 7m Street, S ite 620, I

Austin, Texas 78701-3218.

VENUE

IX.

The accident and facts made basis of this accident all occurred in Tarran County.

Accordingly, venue for this action is proper in Tarrant County.

SUMMARY OF THE CASE

X.

This suit is brought against the DEFENDANTS by PLAINTIFFS for the death fLINDA

FORBES to recover all appropriate and related damages sustained by the PLAINTIFF resulting

from the wrongful death of LINDA FORBES when LINDA FORBES drowned while a guest at

DEFENDANTS' property causing the premature, untimely, and tragic death of LINDA FORBES.

The negligence of the DEFENDANTS resulted in the wrongful death of LIN:rA FO BES and

damages to PLAINTIFFS.

PLAINTIFFS' ORIGINAL PETITION 0613008/Forbes Page 3

XI

This suit results from the DEFENDANTS' negligence in failing to properly ain its

employees with life saving measures, failing to properly follow safety guidelines and

failing to have proper access to exits, failing to maintain a proper lookout on DEFE

property, failing to properly inspect emergency equipment when DEFENDANTS knew the otential

for life saving measures, emergencies, and events existed, failing to ensure all it~ emplo ees and

personal were properly trained, instructed, and qualified to save lives, failing to properly uperv1se

employees, failing to maintain the PREMISES for the safety of its gnests, failing to i pect the

PREMISES to discover potentially dangerous circumstances, and equipment; failin to take

reasonable steps when DEFENDANTS knew or should have known that a dangerous

existed and/or there was inoperable equipment, that DEFENDANTS knew or should ha e known

it did not have properly trained employees in place to handle foreseeable situations and e

failing to take necessary precautions to ensure the safety of persons on the PREMIS

authority of DEFENDANTS; allowing a nuisance to exist on their PREMISES, and faili g to warn

of dangerous conditions existing on the property.

FACTS APPLICABLE TO ALL CAUSES OF ACTION

XII

On or about September 5, 2011, and at all times made basis of LINDA FORBES drowning

which occurred at Six Flags Hurricane Harbor, located at 1800 E. Lamar Blvd., Arlingt n, Tarrant

County Texas, (hereinafter referred to as the "PROPERTY" and/or "PREMISES"), MRS FORBES,

MRS. TRAIL AND LINDA FORBES were guests of DEFENDANTS.

XIII

While guests on DEFENDANTS' property, MRS. FORBES AND MRS. T


L, went to

ride the Sea Wolf. Upon their return to their table they heard a lifeguard blowing a whi tie, and

MRS. TRAIL witnessed a woman being pulled out of the Lazy River. It was at that mome t MRS. I

TRAIL realized the woman was her mother, LINDA FORBES. MRS. TRAIL then rant get her

sister, MRS. FORBES yelling out "they are pulling MOM out of the water". Empl yees of

DEFENDANTS' brought LINDA FORBES out of the Lazy River by the stairs on the gr und. At

this time MRS. FORBES ran to where her mother was lying and told her sister MRS. TRA to keep

all the kids back so that they did not see their grandmother, known as "Nana" to her grand hildren.

DEFENDANTS' employees checked for a pulse and began chest compressions. One of

DEFENDANTS' employees had a mask with bag and upon administering it to LINDA RBES,

water and air bubbles filled the mask. It was not until then that an off duty paramedic an another

guest at SIX FLAGS HURRICANE HARBOR had to tell DEFENDANTS' employees to "roU her

over".

XIV

MRS. FORBES never recalls seeing any of DEFENDANTS' employees giving MRS. ORBES

mouth to mouth life saving measures. DEFENDANTS' employees continued chest com 1 ressions.

Sometime later, one of DEFENDANTS' employees finally showed up with a defibulat r, putting

the patches on MRS. FORBES. The employee had everyone clear, pushed the bottom an it did not

work. The employee pushed the bottom again, and again nothing happened. It again did n t operate.

It was during this time when every second counts to save a life, that DEFE ANTS'

employees were chaotic, visibly shaken, and not working together in a unified p~ocess i an effort

to save the life of LINDA FORBES. One of DEFENDANTS employees was so emotio al and out

of control emotionally, she was unable to help perform any life saving techniques.


XV

After some time, the Paramedics and Fire Department arrived on scene and took ov r. With

life saving seconds ticking away, it was at this time when the Paramedics were leavjng SIX

HURRICANE HARBOR that every gate/door/exit closest to the Lazy River was lo

inaccessible for the Paramedics to take LINDA FORBES to the waiting ambulance to be tr

to the nearest hospital.

XVI

It was not unti118:25 on September 5, 2011 that LINDA FORBES was pronou ed dead

with the immediate cause of death at "Drowning (Fresh Water)".

XVII

The negligence ofDEFENDANTS, as hereinafter described, caused the premature d tragic

death of LINDA FORBES.

XVIII.

DEFENDANTS were in control of the PREMISES on which LINDA ,FORB S' death

occurred because, at the time LINDA FORBES, MRS. FORBES, AND MRS. TRAIL w re guests

onDEFENDANTS'premisesandDEFENDANTSIXFLAGSwastheownerofthePRE ISESand

retained the exclusive right to control the PREMISES on which LINDA FORBES dro ed.

XIX.

Because LINDA FORBES, MRS. FORBES, AND MRS. TRAIL were guests o the water

park, at the time of LINDA FORBES drowning, DEFENDANTS owed LINDA FOR S, MRS.

FORBES AND MRS. TRAIL a duty to exercise ordinary care to keep the[PRE

reasonably safe condition, inspect the PREMISES to discovery potentially danger~us eire mstances,

and/or equipment, to make safe any potentially dangerous circumstances, to enforc


guidelines for any potentially dangerous circumstances, properly train its employees with p per life

saving measures, properly follow safety protocol and guidelines, have proper access o exits,

maintain a proper lookout on DEFENDANTS' property, properly inspect emergency equi ment to

ensure it was in proper working order (including but not limited to defibulato,) when

DEFENDANTS knew the potential for life saving events and measures existed, ensu e all its

employees and personal were properly trained, instructed, and qualified to respond, to erne gencies,

to engage in proper life saving techniques to help "save lives" of their guests/customer/£ ilies.

NEGLIGENCE AGAINST DEFENDANTS

XX.

The conduct of DEFENDANTS, and that of their agents, servants, and employ s, acting

within the scope of their employment, constituted a breach of the duty of ordinary care o d by the

DEFENDANTS to PLAINTIFFS. The DEFENDANTS knew or should have know that the

dangerous conditions existing on the PREMISES created an unreasonable risk ofharm to

that the DEFENDANTS knew of/should have known of the dangerous conditions exist

PREMISES and negligently failed to eliminate or minimize the dangerous conditions an 1

failed to

enforce their own rules, guidelines, and protocol for the safety of their guests includ" LINDA

FORBES.

XXI.

The DEFENDANTS failed to exercise ordinary care to reduce or eliminate the xtremely

hazardous condition by failing to maintain the PREMISES in a reasonably safe1condit nand by

failing to eliminate the conditions making the PREMISES dangerous.

XXII.

The DEFENDANTS further failed to exercise ordinary care to reduct; or eli


I

inate the

dangerous condition by failing to enforce the safety guidelines in connection with the pote tial and

extremely dangerous conditions and/or inoperable equipment on the PREMISES.

XXIII.

The DEFENDANTS knew /should have known its employees were not trained prop rly with

life saving measures, knew that proper inspections of emergency equipment had to be do e, knew

that life-saving equipment should be operating properly, knew its employees and personal ere not

properly trained, instructed, and qualified to save lives, knew/should have known at first

responders did not have proper access to exits, and should have known that such failur

such an unreasonable risk of harm that immediate action should have been taken,to eli ate and

minimize the dangerous conditions and make the PREMISES safe for all its gliests - eluding

LINDA FORBES.

XXIV.

PLAINTIFFS would further demonstrate at the time and on the occasion made b sis of this

suit, DEFENDANTS were negligent toward PLAINTIFFS in that DEFENDANTS failed . o use that

degree of care and caution which an ordinary prudent person would have used under

similar circumstances. Said negligence was the direct and proximate cause of the wro

of LINDA FORBES. PLAINTIFFS now seek to recover from the DEFENDANTS, j intly and

severally, all damages resulting from the DEFENDANTS' negligence in an amount ithin the

jurisdictional limits of this Court.

XXV.

PLAINTIFFS would further show that DEFENDANTS had actual and/or c nstructive

knowledge of the conditions on the PREMISES, that the conditions posed an ~ason ble risk of

harm, that the DEFENDANTS did not exercise reasonable care to reduce or eli~nate risks, and

PLAINTIFFS' ORIGINAL PETITION 0613008/F orbes PageS

that DEFENDANTS' failure to use such care proximately caused of LINDA FORBES' timely,

premature, and tragic death.

Each of the above and foregoing acts, omissions, and commissions, whether taken s ·

collectively, or in any combination, constitute negligence, and was/were a proximate ause of

LINDA FORBES' death and PLAINTIFFS damages that are described below.

LAIM FOR DAMAGES FOR WRONGFUL DEATH FOR MELINDA FO ES

XXVI.

This claim for damages resulting from the wrongful death of Linda Forbes is br ught by

MRS. FORBES the surviving daughter of Linda Forbes, pursuant to the Tex. Civ. Prac & Rem.

i

Code, 71.001 et. seq. This claim is based upon the facts and legal theories more fully set o therein.

At the time of death, LINDA FORBES was in good health with a normal life exp tancy of

29.10 years.

LINDA FORBES was a loving and dutiful mother and provided reasonable serv rs to her

daughter, MRS. FORBES. LINDA FORBES also provided MRS. FORBES with joy, happ ness, and

anticipation of all the pleasures that a mother can provide to her daughter, as well as the "cipation

of care, counsel, advice, nurture, guidance, and affection both to and for her daughter in e future.

As a result of the wrongful death of LINDA FORBES, her daughter, .MRS. ORBES,

!

suffered damages in the past, including termination of the parent-child relationship and sev re mental

anguish, and will in reasonably probability, continue to suffer damages in the future as ad ect result

of the wrongful death ofher mother, LINDA FORBES in which MRS. FORBES now see recovery

from the DEFENDANTS, jointly and severally, in an amount within the jurisdictionalli its of this

Court.


CLAIM FOR DAMAGES FOR WRONGFUL DEATH FOR MICHELLE T . L

XXVII.

This claim for damages resulting from the wrongful death of Linda Forbes is br ught by

MRS. TRAIL the surviving daughter of Linda Forbes, pursuant to the Tex. Civ. Prac. & Re . Code,

71.001 et. seq. This claim is based upon the facts and legal theories more fully set out h ein.

At the time of death, LINDA FORBES was in good health with a normal life expe tancy of

29.10 years.

LINDA FORBES was a loving and dutiful mother and provided reasonable serv rs to her

daughter, MRS. TRAIL. LINDA FORBES also provided MRS. TRAIL with joy, happi' ess, and

anticipation of all the pleasures that a mother can provide to her daughter, as well as the an icipation

of care, counsel, advice, nurture, guidance, and affection both to and for her daughter in e future.

As a result of the wrongful death of LINDA FORBES, her daughter, MRS. TRA suffered

damages in the past, including termination of the parent-child relationship and seve e mental

anguish, and will in reasonably probability, continue to suffer damages in the future as a di ect result

of the wrongful death of her mother, LINDA FORBES in which MRS. TRAIL now seek recovery

from the DEFENDANTS, jointly and severally, in an amount within the jurisdictionalli 1

its of this

Court.

CLAIM FOR DAMAGES FOR WRONGFUL DEATH FOR JEFFREN FO ES

XXVIII.

This claim for damages resulting from the wrongful death of Linda Forbes is rought by

JEFFREY FORBES the surviving son of Linda Forbes, pursuant to the Tex. cfiv. Pr . & Rem.

Code, 71.001 et. seq. This claim is based upon the facts and legal theories more fully set


At the time of death, LINDA FORBES was in good health with a normal life expe ancy of

29.10 years.

LINDA FORBES was a loving and dutiful mother and provided reasonable serv , s to her !

son, JEFFREY FORBES. LINDA FORBES also provided JEFFREY FORBES with joy, 1

ppiness,

and anticipation of all the pleasures that a mother can provide to her son, as well as the an cipation

of care, counsel, advice, nurture, guidance, and affection both to and for her son in the u.~·uu.;;

As a result of the wrongful death ofLINDA FORBES, her son, JEFFREY FORBES suffered

damages in the past, including termination of the parent-child relationship and seve

anguish, and will in reasonably probability, continue to suffer damages in the future as ad"

of the wrongful death of his mother, LINDA FORBES in which JEFFREY FORBES no

recover from the DEFENDANTS, jointly and severally, in an amount within the jurisdicti

of this Court.

CLAIM FOR DAMAGES FOR WRONGFUL DEATH FOR NELSON SCOTT FORBES

XXIX.

This claim for damages resulting from the wrongful death of Linda Forbes is b ought by

NELSON SCOTT FORBES the surviving son of Linda Forbes, pursuant to the Tex. Ci . Prac. &

Rem. Code, 71.001 et. seq. This claim is based upon the facts and legal theories more

herein.

At the time of death, LINDA FORBES was in good health with a normal life ex

29.10 years.

LINDA FORBES was a loving and dutiful mother and provided reasonable se

son, NELSON SCOTT FORBES. LINDA FORBES also provided NELSON SCOTT FO ES with

PLAINTIFFS' ORIGINAL PETITION. 0613008/Forbes Page II

joy, happiness, and anticipation of all the pleasures that a mother can provide to her son, a well as

the anticipation of care, counsel, advice, nurture, guidance, and affection both to and for h r son in

the future.

As a result of the wrongful death ofLINDA FORBES, her son, NELSON SCOTT F RBES,

suffered damages in the past, including termination of the parent-child relationship and seve e mental

anguish, and will in reasonably probability, continue to suffer damages in the future as a di ct result

of the wrongful death of his mother, LINDA FORBES in which NELSON SCOTT FO ES now

seeks to recover from the DEFENDANTS, jointly ·and severally, in an amount

jurisdictional limits of this Court.

SURVIVAL CLAIM BY THE ESTATE OF LINDA FORBES AND DAMAGES TO DECEDENT LINDA FORBES

XXX.

As a direct and proximate result of DEFENDANTS' negligence and/or gross n gligence,

Decedent LINDA FORBES drowned.

As a proximate result of negligence and/or gross negligence and extremely carele s, willful,

and malicious actions of the DEFENDANTS as described above, LINDA FORBES w declared

dead in which THE ESTATE now seeks to recover from the DEFENDANTS, jointly an severally,

in an amount within the jurisdictional limits of this Court.

BYSTANDER CLAIM FOR MELINDA FORBES

XXXI.

At the time of the incident made basis of this lawsuit, MRS. MELINDA FORB S was the

daughter ofLinda Forbes. MRS. FORBES was therefore closely related to Linda Forb s who died

as a direct result of DEFENDANTS' negligence.


MRS. FORBES was a bystander to the occurrence in that Linda Forbes was pulled om the

Lazy River on DEFENDANTS' premises and witness to the failed attempts by DEFE ,ANTS'

employees to save her mother's life on September 5, 2011. MRS. FORBES had a direct, i 1

ediate,

and contemporaneous perception of the injuries to her mother, Linda Forbes, to emtitle h (MRS.

MELINDA FORBES) to damages as a bystander for her mental anguish, loss of affection, e

distress, etc.

By the reason of all the above, MRS. FORBES has suffered losses and damages ·n a sum

within the jurisdictional limits of the Court that she now seeks to recover from the DEFE ANTS,

jointly and severally, in an amount within the jurisdictional limits of this Court.

BYSTANDER CLAIM FOR MICHELLE TRAIL

XXXII.

At the time of the incident made basis of this lawsuit, MRS. MICHELLE TRAI was the

daughter of Linda Forbes. MRS. TRAIL was therefore closely related to Linda Forbes w o died as

a direct result of DEFENDANTS' negligence.

MRS. TRAIL was a bystander to the occurrence in that Linda Forbes was pulle from the

Lazy River on DEFENDANTS' premises and witness to the failed attempts by DEFE

employees to save her mother's life on September 5, 2011. MRS. TRAIL had a direct, i ediate,

and contemporaneous perception of the injuries to her mother, Linda Forbes, to entitle 'er (MRS.

MICHELLE TRIAL) to damages as a bystander for her mental anguish, loss of affection, motional

distress, etc.

By the reason of all the above, MRS. TRAIL has suffered losses and damages in a urn within

the jurisdictional limits of the Court that she now seeks to recover from the DEFEND A S, jointly

PLAINTIFFS' ORIGINAL PETITION 0613008/Forbes Pagel3

and severally, in an amount within the jurisdictional limits of this Court.

GROSS NEGLIGENCE AGAINST DEFENDANTS

XXXIII.

PLAINTIFFS would further show that at the time of the incident, the a ions of

DEFENDANTS constituted gross negligence, as that term is defined by law, in that DEFE ANTS, I

acted in such reckless disregard for the health and safety of others, that PLAINTIFFS ar entitled

to recover exemplary damages from DEFENDANTS, jointly and severally, as a deterre t to such

reckless conduct in the future.

XXXIV.

PLAINTIFFS would further show that the actions of DEFENDANTS were grossly

negligent and were in such reckless disregard for the health and safety of others,: that

punitive damages is justified.

DAMAGES

XXXV.

PLAINTIFFS bring this cause of action for these damages resulting from the death fUND A

FORBES. As a direct and proximate result of the above and foregoing, PLAINTIFFS ha e suffered

losses and damages in a sum that exceed the minimum jurisdictional limits of this Co for which

they hereby seek to recover from DEFENDANTS, jointly and severally.

FUNERAL EXPENSES

XXXVI.

THE FORBES CHILDREN would further show that they have incurred legal re · onsibility

for the reasonable and necessary funeral expenses directly related to the death ofLIND


for which they now seek recovery from DEFENDANTS, jointly and severally.

PAST MENTAL ANGUISH

XXXVII.

PLAINTIFFS would show that, as a result of this incident, they have suffered seve , mental

anguish for which they now seek recovery from DEFENDANTS, jointly and severally.

FUTURE MENTAL ANGUISH

XXXVIII.

PLAINTIFFS seek to recover from DEFENDANTS, jointly and severally, all ofth ir future

mental anguish.

LOSS OF SERVICES, COMFORT. SOCIETY

XXXIX.

THE FORBES CHILDREN seek to recover from DEFENDANTS, jointly and seve I ally, loss

of the performance of household and domestic services they would have in reasonable p obability

received from their mother in the past had she lived; loss of the performance and hous hold and

domestic services they would have in all reasonable probability received from their mo er in the

future had she lived; loss of the mutual right of their mother to that affection,. solace comfort,

companionship, society, assistance, emotional support, love and felicity they woul have in

reasonable probability received from their mother in the past had she lived; and loss of e mutual

right oftheir mother to that affection solace, comfort, companionship, society, assEstance,

support, love and felicity they would have in reasonable probability received from their mother in

the future had she lived.


LOSSOFMUUNTENANCE

XL.

THE FORBES CHILDREN have also been caused to suffer the loss of mai enance,

protection, services, advice, counsel, and reasonable contributions of pecuniary value, at they

would have received from their mother, but for the negligence on the part of the DEFEN

THE FORBES CHILDREN seek to recover damages in an amount greatly in exc ss of the

minimum jurisdictional limits of this Court, for which they now seek recove ' against

DEFENDANTS, jointly and severally.

PAST MEDICAL BILLS

XLI.

PLAINTIFFS bring this cause of action for these damages resulting from the ownmg

sustained by LINDA FORBES.

THE ESTATE would further show that it has incurred legal responsibility for the asonable

and necessary medical expenses directly related to LINDA FORBES' drowning,. for w chit now

seeks recovery from DEFENDANTS, jointly and severally.

PAST PHYSICAL IMPAIRMENT

XLII.

PLAINTIFFS seek to recover from DEFENDANTS, jointly and severally, for all ofLINDA

FORBES' past physical impairment.

PAST PAIN AND SUFFERING

XLIII.

PLAINTIFFS would show that, as a result of this incident, LINDA FORB S suffered


excruciating physical pain and suffering prior to her death for which they now seek recov ry from

DEFENDANTS, jointly and severally.

PAST MENTAL ANGUISH

XLIV.

PLAINTIFFS would show that, as a result of this incident, LINDA FORBES suffer d severe I

I

mental anguish prior to her death for which they now seek recovery from DEFENDANT' , jointly

and severally.

FUTURE MENTAL ANGUISH

XLV.

THE FORBES CHILDREN seek to recover from DEFENDANTS, jointly and se rally, all

of their future mental anguish.

CONSEQUENTIAL AND INCIDENTAL EXPENSES

XLVI.

As a result of the negligence by DEFEND ANTS, PLAINTIFFS would show that ey have !

!

also incurred reasonable and necessary consequential and incidental expenses includ· , , but not

limited to: long distance telephone calls, transportation expenses, mileage expenses, cop · ng costs,

investigative costs, and miscellaneous expenses, etc. I

PLAINTIFFS seek to recover from DEFENDANTS, jointly and severally, th ' damages !

described hereinabove and sustained by PLAINTIFFS that far exceed the minimum ju

limits of this Court.

PLAINTIFFS' ORIGINAL PETITION 06 13008/Forbes Page 17

PREJUDGMENT INTEREST

XLVII.

PLAINTIFFS are entitled to recover prejudgment interest from DEFENDANTS, j ntly and

severally, at the maximum legal rate allowed by law until judgment.

POST -JUDGMENT INTEREST

XLVIII.

PLAINTIFFS are further entitled to recover from DEFENDANTS jointly and everally

post-judgment interest at the maximum legal rate until judgment is paid.

CONDITIONS PRECEDENT

XLIX.

All conditions precedent to PLAINTIFFS recovery have occurred or have been

PRAYER

WHEREFORE, PREMISES CONSIDERED, PLAINTIFFS MELINDA

MICHELLE TRAIL, JEFFREY FORBES, AND NELSON SCOTT FORBES, INDIVI DALLY,

AND MICHELLE TRAIL ON BEHALF OF THE ESTATE OF LINDA FORBES, an

upon fmal hearing hereof, judgment be entered against DEFENDANTS HURRICANE RBOR,

LP AIKI A SIX FLAGS HURRICANE HARBOR, HURRICANE HARBOR GP, LLC, AND SIX

FLAGS THEME PARKS, INC. as follows:

(1) that PLAINTIFFS recover from DEFENDANTS, jointly and sever ly, actual

damages suffered by PLAINTIFFS as a result of DEFENDANTS' negligence in amount

exceeding the minimum jurisdictional limits of this Court;

(2) that PLAINTIFFS recover from DEFENDANTS, jointly and sever ly, for all

PLAINTIFFS' ORIGINAL PETITION 06 13008/Forbes Page 18

damages as a result of DEFENDANT's gross negligence in an amount exceeding the juris 1

ictional

limits of this Court;

(3) that MRS. MELINDA FORBES recovers from DEFENDANTS,jointly and verally, !

!

for her wrongful death claim in an amount within the jurisdictional limits of this Court; 1

(4) that MRS. MICHELLE TRAIL recovers fromDEFENDANTS,jointly and verally,

for her wrongful death claim in an amount within the jurisdictional limits of this Court;

(5) that MR. JEFFREY FORBES recovers from DEFENDANTS, jointly and everally, I

for his wrongful death claim in an amount within the jurisdictional limits of this Court; !

i

(6) that MR. NESLON SCOTT FORBES recovers from DEFENDANTS, j intly and

severally, for his wrongful death claim in an amount within the jurisdictional limits of s Court;

(7) that THE ESTATE recovers from DEFENDANTS, jointly and severally for THE

ESTATE OF LINDA FORBES survival claim in an amount within the jurisdictionalli ts of this

Court;

(8) that MRS. MELINDA FORBES recovers from DEFENDANTS, jointly an severally,

for her bystander claim in an amount within the jurisdictional limits of this Court;

(9) that MRS. MICHELLE TRAILrecoversfromDEFENDANTS,jointly an severally,

for her bystander claim in an amount within the jurisdictional limits of this Court;

(10) that PLAINTIFFS recover from DEFENDANTS, jointly and severally,

exemplary/punitive damages in an amount to be determined by the trier of fact;

'

(11) that PLAINTIFFS recover from DEFENDANTS,jointly and severally, for all funeral !

expenses they have incurred on behalf of LINDA FORBES.

(12) that PLAINTIFFS recover from DEFENDANTS, jointly and sevierally, or all past


mental anguish proximately caused by DEFENDANTS' conduct from the time of the inci ent until

the present;

(13) that PLAINTIFFS recover from DEFENDANTS, jointly and severally, for I future

mental anguish proximately caused by DEFENDANTS' negligence and gross negligenc ;

(14) that THE FORBES CHILDREN recoverfromDEFENDANTS,joindy and everally,

for all past loss oflove, affection, comfort, support, protection, companionship, care and s ciety that

they would have received from their mother, LINDA FORBES, but for the negligence d gross I

negligence on the part of DEFENDANTS from the time of the incident until the present

I

(15) that THE FORBES CHILDREN recover from DEFENDANTS jointly and everally,

for all future loss oflove, affection, comfort, support, protection, companionship, care

that they would have received from their mother, LINDA FORBES, but for the neglige ce and/or

gross negligence on the part of the DEFENDANTS;

(16) that THE FORBES CHILDREN recover from DEFENDANTS, jointly an severally,

the past loss of maintenance, protection, services, advice, counsel and reasonable contri utions of

pecuniary value that they would have received from their mother, LINDA FORBES fro the time

of the incident through the present;

(17) that THE FORBES CHILDREN recover from DEFENDANTS, jointly an severally,

all future loss of maintenance, protection, services, advice, counsel and reasonable contr butions of

pecuniary value that they would have received from their mother, LINDA FORBES in e future;

(18) that PLAINTIFFS recover from the DEFENDANTS, jointly and sever ly, for all

medical bills they have incurred from the time of the accident until the present;

(19) that PLAINTIFFS recover from the DEFENDANTS,jointly and stWerally for all past I


I

physical impairment from the time of the accident until the present;

(20) that PLAINTIFFS recover from DEFENDANTS, jointly and severally for all

consequential and incidental expenses;

(21) that PLAINTIFFS recover from DEFENDANTS, jointly and ly, all

prejudgment interest at the maximum legal rate until judgment is rendered;

(22) that PLAINTIFFS recover from DEFENDANTS, jointly and seve ly, all

post-judgment interest at the maximum legal rate until judgment is paid;

(23) that PLAINTIFFS recover from DEFENDANTS, jointly and severally, al' costs of

court; and

(24) that PLAINTIFFS recover from DEFENDANTS, jointly and severally, all o errelief

to which they may be justly entitled to in law or in equity.


Respectfully submitted,

JXJJC/J"UCE Bar Card No. 12665100 LUCELAW,PC 5900 S. Lake Forest Drive, Suite 200 McKinney, Texas 75070 Telephone: 972.632.1300 Telecopier: 972.632.1301

Attorney for Plaintiffs MELINDA FORBES, MICHELLE JEFFREY FORBES, AND NELSO FORBES, INDIVIDUALLY, AND MICHELLE TRAIL ON BEHALF OF THE ESTATE OF LINDA FORBES

TRAIL, SCOTT

Documents

2013 Hurricane Harbor Drowning Lawsuit