$95,000 for Child’s Injury : Award Backed in Merry-Go-Round Suit

A Los Angeles City Council panel Tuesday approved paying $95,000 to settle the second of three lawsuits filed by parents of small children injured on a merry-go-round at a Van Nuys park.

Bany Del Cid, 6, of Van Nuys was injured in April, 1985, when she stuck her thumb in a hole at the base of the merry-go-round at the Sherman Oaks-Van Nuys Recreation Center as it was turning. The first joint of her thumb had to be amputated as a result, said a city attorney’s report recommending settlement of the family’s lawsuit against the city.

The hole was the result of a missing bolt, one of eight that fastened the floor of the merry-go-round to its revolving base, Deputy City Atty. John F. Hernandez said.

After the accident, repairs were made on the merry-go-round. But in June, 1985, two other small children suffered similar injuries because of another hole in the floor from a missing bolt. Their parents also sued the city. One case has been settled for $100,000; in the other, a settlement is pending.

After the last accidents, the merry-go-round was removed from the park and dismantled.

Del Cid’s attorney argued that the city knew a year before the accidents of problems with the merry-go-round. A 1984 inspection found that fittings and bearings needed replacement, but the city did nothing because the manufacturer of the apparatus was no longer in business and the parts were not readily available, the city attorney’s report said.

In recommending settlement of Del Cid’s lawsuit, Hernandez said, “Evidence that would be expected to be introduced at trial, including the two subsequent injuries, indicates that the city personnel should have been aware of the condition that ultimately caused the bolts to become loosened or broken.

“A jury would probably find the city of Los Angeles responsible for the plaintiff’s injuries and that of the emotional distress of her parents,” Hernandez added. He said a jury would probably find no fault with the girl’s parents “as there was no indication of a hazard when the child was allowed to use the merry-go-round.”

The Finance and Revenue Committee recommendation now goes to the full council for expected approval.

In April, 1987, the Recreation and Parks Department began routinely checking all playground equipment in parks, a department spokesman said. The program was prompted in part by a growing number of lawsuits against the city because of injuries suffered by children playing on aging equipment. Previously, the department checked equipment only when problems were reported.