A News Conference Announcing the Lawsuit Will Take Place Today,
November 14, at 11:00 A.M. PST in Front of the Park
DUBLIN, Calif.–(BUSINESS WIRE)–#dublinca–Civil rights attorney Waukeen McCoy today announced he has filed a
lawsuit (Superior Court of California County of Alameda case #
RG17882249) on behalf of the parents of a 10-year-old boy injured May 27
at the publicly owned The Wave Waterpark in Dublin, California.
Among the defendants are the city, the state of California, the
West Industries which also advised on the construction; the
Overaa & Company, and subcontractors which together built the
48-ft.-tall water slide, known as the Emerald Plunge.
The lawsuit alleges the slide was “defective in manufacture and/or
design.” The water pressure on the slide was too powerful; and the
“run-out” lane at the bottom of the slide provided no padding or
protection from a child being ejected, according to the suit. The ride
left the child with injuries to his head, back, arms and legs.
The suit also alleges that a pre-opening inspection of the ride
identified 17 unsafe conditions, citing dangerous sharp edges and cracks
in the infrastructure.
“If the slide was tested properly this horrendous incident wouldn’t have
happened. If the slide has since been tested and found safe, why hasn’t
it reopened? We believe the slide was not
properly tested and should never have opened,” said McCoy of McCoy Law
The spot where the boy was thrown from the slide was an “agitated,
churning swirl of water” likely created by the junction of the incline
and the straightaway, the suit adds. When the child hit that spot he
hydroplaned and shot over the edge.
According to the suit, The Emerald Plunge and another “thrill” slide in
the park were closed following the incident and never reopened during
the park’s inaugural season, which ended in September.
The parents, local professors at a major university, ask to please help
keep the boy’s identity anonymous.
In addition to damages and penalties, the parents want all issues
properly corrected so that the municipal facility will be safe for all
NOTE: Injury Photos Available on Request