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Park Patron’s Suit Over Remarks Rejected

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TIMES STAFF WRITER

A computer engineer who alleged that Six Flags Magic Mountain workers had made racially derogatory comments about him lost his civil rights lawsuit Tuesday.

After a day of deliberations, a downtown Los Angeles jury returned a 9-3 verdict in favor of the Valencia amusement park.

“Obviously, we are very pleased with the jury’s decision today. It is exactly what we would have expected,” park spokesman Andy Gallardo said. “We will not and would not tolerate that kind of behavior from one of our employees.”

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Thurman Brown, an African American, said employees made the racist remarks on Aug. 12, 1999, while he rode the Dive Devil, a bungee-jump attraction.

Park employees had made a videotape of Brown on the ride and later sold it to him. When he got home, Brown said, he played the tape and heard the remarks in the background.

Park officials said the tape was recorded in a crowd of patrons and any of them could have made the comments.

Brown’s lawyer, Robert S. Weinstein of Century City, said he will appeal.

Weinstein contended the court allowed Magic Mountain’s lawyers to improperly dismiss some black jury candidates. The jury had one African American.

“We believe the jury was improperly packed with people [the defense] believed were favorable to themselves,” Weinstein said.

Earlier in the case, Los Angeles County Superior Court Judge Helen I. Bendix rejected Brown’s bid for punitive damages. Brown’s lawyer then dropped the emotional distress claims, leaving only the allegation of a state civil rights violation.

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