We are thrilled to announce that the Superior Court of New Jersey has issued a significant decision this month in favor of our client, Tamica Dunlap. The attorneys at Rourke & Blumenthal LLC successfully obtained a judgment exceeding $22 million on behalf of Mrs. Dunlap, a victim of the tragic amusement ride incident at the Ohio State Fair in 2017.
On July 5, 2024, nearly seven years after the catastrophic event where the gondola beam on the “Fireball” ride broke apart while swinging over twenty feet in the air, Judge Robert Ballard of the Superior Court of New Jersey, Somerset County Division, announced the judgment against KMG International BV, the Netherlands-based manufacturer of the ride. The decision includes $9 million in compensatory damages for Mrs. Dunlap’s severe orthopedic injuries, $10 million in punitive damages to deter future reckless conduct, and more than $3 million in pre-judgment interest.
The case, Keziah Lewis, et al. v. KMG International BV, et al., was founded on the misconduct of KMG in both designing and marketing a defective product prone to internal corrosion. Evidence revealed that KMG had known about this issue since 2012 but failed to warn the ride owners, operators, or riders, including those at the Ohio State Fair. An internal letter from KMG in 2012 outlined the corrosion problem and detailed inspection and correction measures. Still, no steps were taken to alert other customers and operators of the Fireball ride.
Following the incident, investigations noted dangerously thin wall thicknesses of less than 1 millimeter in the gondola arms, including the one that failed, causing irreversible harm to multiple victims.
Our attorneys Michael Rourke, Rob Miller, and Jonathan Stoudt, along with local attorneys representing three other victims and the New Jersey firm Stark & Stark, relentlessly pursued justice for Mrs. Dunlap and other affected individuals. As a result, KMG International BV has now been held liable for more than $80 million in compensatory and punitive damages due to the Ohio State Fair disaster.
This case underscores the grossly negligent conduct of KMG, which not only designed and marketed a defective product but also failed to act upon known risks. By filing this lawsuit in New Jersey, we circumvented Ohio’s restrictive law that limits the liability of manufacturers for products older than 10 years. This pivotal ruling serves as a significant step towards justice for the victims of the Fireball tragedy, ensuring they receive the compensation they deserve.
If you or a loved one were affected by the Ohio State Fair incident or other similar events, contact Rourke & Blumenthal today by calling (614) 321-3212 to explore your legal options and safeguard your rights.
Related Reading
- Rourke & Blumenthal Files Suit Against Manufacturer of The Fire Ball Ride
- Five Victims of the Ohio State Fair Fire Ball Disaster Speak Out
- Fire Ball Tragedy Makes Unfairness of Ohio Law Clear
