New York Playland Lawsuit Settles for $1.25 Million Over Death of 7 Yr Old

Westchester County in New York has agreed to pay $1.25 million to the family of a 7-year old boy who was killed on a boat ride at Playland, the county owned amusement park. As part of the settlement, the county also agreed to provide additional safety training at the park and a scholarship will be established in the boy’s name for Playland employees who exhibit good safety and consumer service.

The amusement park lawsuit was filed by the family of Jon-Kely Cassar, who died on August 3, 2005 while riding the “Ye Olde Mill” ride, an indoor meandering water boat ride. At some point after boarding the ride, the 7-year old Jon-Kely left his boat and ended up in the channel of water, where he was found dead from a blunt head injury.

The parents alleged that the child got frightened during the ride and attempted to get out on his own. The lawsuit claims that his death was caused by inadequate warnings about the ride, inadequate training for the operators and insufficient ride supervision.

After two days of trial, the settlement was announced on Monday.

According to the Associated Press, the testimony of the former park director, Joseph Montalto, was a factor in the County’s decision to agree to a settlement of the water ride lawsuit. Montalto testified that only two workers were on duty the day of Jon-Kely’s death, and that the ride should not have been open since the Playland policy requires at least three staff members to operate the ride.

The family also argued that Jon-Kely should not have been permitted to go on the ride and that staff were not trained to turn off the water ride in the event of an emergency.

Under the terms of the settlement, Jon-Kely’s parents will receive $1.25 million to resolve the New York wrongful death lawsuit.

Westchester County, the owners of the amusement park, also agreed to improve the safety training for employees at Playland and to establish a scholarship in Jon-Kely’s name for the Playland employee who is the most safety-conscious and exhibits good customer relations and safety practices. The amount of the scholarship will be decided by the county.