Ohio State Fair Fire Ball Tragedy: First Settlement for Tyler Jarrell's Family and What Comes Next

Published April 12, 2018 · Verdicts & Settlements

Opening day of the Ohio State Fair is supposed to be the best day of summer. On July 26, 2017, it became the worst day of many families' lives when the Fire Ball ride broke apart in mid-swing. Eighteen-year-old Tyler Jarrell was killed, and seven other riders were injured, four of them critically.

Nearly nine months later, the first piece of the legal aftermath has surfaced. As reported on March 26, 2018 by Columbus station WSYX, in a story also published by ABC News 4, Tyler's family has reached a partial settlement of $1,271,195.40 with three of the companies involved. The settlement has been submitted to the Franklin County Probate Court for approval, with a hearing set for April 18. Our office is not involved in the case, but it offers important lessons for any family hurt at a fair or amusement park.

Who Tyler Jarrell was

According to the report, Tyler was a senior at Franklin Heights High School in Columbus with four years in NJROTC and four years in a police Explorer program. He had enlisted in the United States Marine Corps just days before the fair and was due to begin his service. The settlement papers, the report said, described him as having "an extremely bright future."

The other riders' injuries were devastating. The report described one young woman still using a wheelchair months later, another in rehabilitation for a traumatic brain injury, and a 43-year-old man whose attorney said he may never walk again.

What the settlement covers

The reported settlement resolves the family's claims against three defendants:

• Amusements of America, the company that operated the ride; and
• Soil Consultants Inc. and Comspeq Consulting, companies that inspected the ride before it failed.

Of the $1,271,195.40 total, the report listed $19,168.98 for funeral expenses, $317,798.85 in attorney's fees, $63,438.98 in case expenses, and $870,788.59 to Tyler's parents.

Just as important is what the settlement does not cover. The report said it is "only a partial settlement," and that the family is continuing to pursue the ride's manufacturer, KMG, and other potential defendants.

Why a judge must approve it

In Ohio, a wrongful-death claim belongs to the personal representative of the person who died, who brings it for the benefit of the surviving spouse, children, parents, and other next of kin. R.C. 2125.02(A)(1). The spouse, children, and parents are presumed to have suffered damages from the death.

Because the claim is brought on behalf of family members rather than by them individually, a wrongful-death settlement is not final just because the parties agree. Under R.C. 2125.02(C), the personal representative may settle only with the consent of the court that appointed him or her, usually the county probate court. The court reviews whether the settlement is reasonable and how the money will be divided among the beneficiaries. The same kind of court oversight applies when a settlement involves a child's injury claim, as I explained in a post on children's injury claims and probate approval.

As of today the probate hearing has not occurred, so this settlement has been submitted for approval, not approved.

One ride, many defendants

The Fire Ball case shows a pattern we see in nearly every serious amusement-ride injury: responsibility is spread across several companies, each with its own insurance.

• The operator is responsible for assembling, maintaining, and running the ride safely, and for training the people at the controls.
• Inspectors and consultants are hired to find problems before the public climbs aboard. When an inspection misses a dangerous condition, the inspector can be liable, just as the pole-inspection contractor was in the $28 million lineman verdict I wrote about last June.
• The manufacturer is responsible for the ride's design, materials, warnings, and maintenance instructions. A product-liability claim against a manufacturer often involves engineers, metallurgists, and records from overseas, and it can take longer to develop.
• The fair, venue, or property owner may also share responsibility, depending on its role in selecting and overseeing the ride.

Settling with some defendants while continuing against others is common and often wise. It provides the family some resources and accountability now, while the most complex claim, usually against the manufacturer, is fully investigated.

What a wrongful-death claim can recover

Ohio's wrongful-death statute lists the damages a family may recover in R.C. 2125.02(B): lost financial support, lost services, loss of the person's society and companionship, lost prospective inheritance, and the survivors' mental anguish. Reasonable funeral and burial expenses are also recoverable under R.C. 2125.02(A)(2). When a young person with a promising future is killed, the loss of companionship and the parents' grief are often the heart of the case.

The claim generally must be filed within two years of the death under R.C. 2125.02(D)(1). For a fuller explanation, see my post on who can bring a wrongful-death claim in Ohio.

Investigating a ride failure

Ride cases are won or lost on evidence that can disappear quickly. Traveling rides are disassembled and moved; components are repaired, replaced, or scrapped; and inspection paperwork lives in several companies' files. The questions that matter include:

• When was the ride last inspected, by whom, and what exactly did they examine?
• What do the maintenance logs and repair records show?
• Did the manufacturer issue any service bulletins or warnings, and were they followed?
• Were the failed parts preserved, and who has custody of them?

Families need a lawyer who will send preservation demands immediately and insist that independent experts have access to the ride and its parts.

What this means for you

The Fire Ball settlement is a first step, not the end. It shows that operators and inspectors can be held accountable alongside manufacturers, that a family can resolve some claims while pressing forward on others, and that Ohio requires court approval to protect the people a wrongful-death claim is meant to serve. With fair season a few months away, it is also a reminder that ride safety depends on many companies doing their jobs. Our wrongful death practice and broader personal injury practice handle claims involving multiple defendants and insurers.