$150,000 Awarded Family for Accident at Magic Mountain

A Van Nuys family was awarded $150,000 in damages Tuesday by a Van Nuys Superior Court jury that found Magic Mountain amusement park negligent in allowing a tree branch to fall on a roller coaster, injuring the father in the family.

Nick Rose, 40, testified during a 10-day trial that two discs in his neck were injured when a branch of a 40-foot pine fell on him as he and his son were riding a roller coaster at the Valencia amusement park in September, 1981.

Rose’s son, Jacob, now 13, was not injured by the falling branch, but suffered psychological damage after seeing his father transported by ambulance to a hospital, the family’s attorney alleged.

Kept Him From Work

Rose said his neck injury has prevented him from returning to work as a self-employed concrete contractor, a business that he estimated earned him $75,000 to $100,000 a year. Medical bills have totaled about $18,000, Rose said.

Six Flags Inc. of Chicago, which owns the amusement park, was ordered to pay $130,000 to Nick Rose, $15,000 to his wife, Jeane, who suffered loss of consortium, and $5,000 to Jacob. Rose estimated that attorney’s fees will amount to about 40% of the award.

The Roses had asked for more than $1 million but said after the verdict that they were pleased that the case had finally come to an end. The jury deliberated five days before reaching its verdict.

Jurors voted unanimously on the awards to Rose and his wife, but the vote was 11 to 1 in the award to Jacob.

‘We’re Glad It’s Over

“We’re just glad it’s over,” Rose said.

Six Flags admitted liability in the accident but disputed the seriousness of Rose’s injury and considered the $1 million damage request “exorbitant,” according to attorney D. Michael Lyden.

Rose said his family plans to move to San Jose, where he will start a new job as director of marketing and merchandising for a market.