A Colorado jury has found Glenwood Caverns Holdings LLC, its parent company Soaring Eagle, and three other individuals liable for the wrongful death of 6-year-old Wongel Estifanos, awarding $82 million in compensatory, non-economic damages and $123 million in punitive damages. Estifanos lost her life in September 2021 while visiting Glenwood Caverns Adventure Park in Colorado Springs while riding the “Haunted Mine Drop,” a 110-foot freefall attraction later renamed the “Crystal Tower.” A state investigation later revealed that Wongel was sitting on top of her seatbelt rather than being securely fastened when the ride began.
In discovery, it was found that Glenwood Caverns had been warned multiple times of its ride operators’ failure to properly restrain its riders. The case filing cites multiple incidents where the park was contacted by angry parents and customers, and further acknowledged their claims while promising the issue was “resolved.”
Important Takeaways
In Texas, where the majority of attractions are seasonal, the unfortunate reality is that most ride operators are young, inexperienced and often under- or untrained. And in Houston, where the majority of attractions come from the Houston Rodeo and the carnival, the truth is that many rides have persistent issues that go unreported or ignored. And many companies do not change their policies until they experience a serious penalty.
Such was the case for the Houston Rodeo, when a 47-year-old Brian Greenhouse fell to his death on the Hi-Miler roller coaster in 2011 after his safety latch failed. At the time, there had been no less than 8 reports of “restraints moving out of place.” In that case, the family of the deceased awarded $2.7 million as part of a settlement.
In the case of Wongel Estifanos, the state of Colorado fined the park just $68,000 – a drop in the bucket compared to their gross and net revenues. It was only after 4 years of protracted legal wrangling that the Estifanos family was able to receive $82 million in non-economic damages and, importantly, $123 million in punitive damages.
What are Punitive and Compensatory Damages?
In personal injury cases, the goal is to “make whole” the aggrieved party, also known as the plaintiff. In some cases, the court gives to, or awards compensatory damages. These are payments to help the family heal, and could include paying for the plaintiff’s medical bills, grief and mental health counseling, funeral costs, and so on. One subset of these damages are called non-economic damages. These damages refer to unquantifiable losses like pain and suffering, emotional distress and loss of companionship.
The Estifanos lost their only daughter at a very young age in an extremely tragic, preventable accident at the hands of clear negligence. That is one reason why the compensatory damages in this case were so high.
Punitive damages are also usually awarded to the plaintiff, but their primary purpose to ensure the responsible party cannot simply write off the losses on their taxes – Glenwood Caverns was fined $123 million as a statement to its continued gross negligence.
What Constitutes a Wrongful Death Case?
Wrongful death lawsuits are civil actions brought by surviving family members when a person dies due to another’s negligence, recklessness, or misconduct. Commonly, this results in:
- Workplace accidents
- Car and truck crashes
- Defective products or machinery
- Medical malpractice
- Unsafe property conditions
- Amusement park or recreational ride accidents
In the case of Glenwood Caverns:
- The park knew its ride operators were undertrained and/or negligent
- The park had been warned (and acknowledged) near-death incidents as a result of undertraining or negligence
The Glenwood Caverns case is an example of gross negligence. The park was found to have known of an existing issue and failed to address it despite multiple warnings.
The Importance of Legal Representation
Families coping with the loss of a loved one face an uphill battle against corporations, insurers, and complex legal systems.
Wrongful death attorneys play a vital role by:
- Investigating the cause of death
- Identifying all liable parties
- Gathering evidence and expert testimony
- Negotiating with insurers
- Advocating for fair compensation in court
Contact an Experienced Wrongful Death Attorney
No amount of money can replace a lost life. However, wrongful death claims provide families with the means to cover financial burdens and hold negligent parties responsible.
If you or someone you know has lost a loved one due to gross negligence, don’t wait to speak up. Take charge, and hold the responsible parties accountable. The Law Offices of Hilda Sibrian provide legal assistance across Houston, including the cities of Bellaire, Clear Lake, Cleveland, Deer Park, Cypress, Pasadena and of course Houston proper.
Call our office for a free consultation today at 713-714-1414, or fill out the online contact form.
