$19,732,125 million settlement
Michael C. Rader and Michelle Marvel resolve case for family of the 10-year-old killed last summer on a local Kansas City waterslide. Settlements for the family totaled more than $19.7 million.
On Aug. 7, 2016, Caleb Schwab died while riding the Verruckt slide at Schlitterbahn, a water park in Kansas City. Verruckt, German for “insane,” was marketed as the world’s tallest waterslide at its 2014 opening. Schwab is the son of Kansas State Rep. Scott Schwab, R-Olathe. Scott Schwab, his wife, Michele Schwab, and the Estate of Caleb Schwab filed the wrongful death action.
On Jan. 11, the family settled with SVV 1 LLC, and KC Waterpark Management LLC, which collectively make up Schlitterbahn for $14 million, and with raft manufacturer Zebec of North America Inc. for $500,000. The settlement was approved by District Judge Thomas M. Sutherland. Sutherland approved a second round of settlements on April 12 with the National Aquatic Safety Co., a consulting firm, for $232,125; and with Henry & Sons Construction Co., which built the ride, for $5 million. Altogether, the settlements totaled $19,732,125.
Rader said retained experts were instrumental to obtaining the settlements. To help sift through theories of liability, he consulted with experts from fields including polymer fiber science, biomechanical engineering, computer forensics, accident reconstruction, warnings operations, restraint devices and ride design. Some of the design and testing of the slide occurred in Texas, allowing the plaintiffs to argue that Texas law applied. Rader said Texas’ law regarding noneconomic damage caps in child wrongful death claims is more favorable than that of Kansas. “We never could have made a viable argument that Texas law applied without first becoming well versed in the facts regarding the design, construction and operation of this ride,” he said.
After Schwab’s death, one of the most pressing issues the attorneys handled was an intense interest in the case by media outlets around the world. The young boy was decapitated when the raft in which he was riding became airborne and crashed into metal rods supporting the slide’s overhead netting, his attorneys said.
$9.5 million settlement
As the weather cooled, a Missouri father turned on the furnace in his family’s recently purchased home. It was the first time they had used the furnace that winter. By the next evening, the man and his daughter were found dead and his wife and son had suffered severe carbon monoxide poisoning with resulting permanent brain damage.
Post-accident inspections found significant amounts of rust blocking the flame ports on the furnace’s burners, disrupting the normal gas flow and causing incomplete combustion. This condition resulted in the production of carbon monoxide in lethal amounts.
$3 million settlement
The firm oobtained a $3 million settlement for an 18-year-old who suffered respiratory arrest during a routine wisdom tooth extraction. An investigation revealed that the surgeon’s nitrous oxide tank had been connected to the oxygen line; this settlement was reached with the installing plumbers for their policy limits. Through mediation, a confidential second settlement was reached with other defendants.