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DESAI v. SILVER DOLLAR CITY10/15/1997
Mrs. Desai appeals the grant of summary judgment to Silver Dollar City, Inc., doing business as White Water Theme Park, on her claim against White Water based upon an injury she sustained to her knee while using one of the theme park's water slides. The trial court also granted summary judgment on Mr. Desai's claim for loss of consortium.
Mrs. Desai's deposition testimony shows that she was a frequent visitor to White Water and that she and her family had season passes for at least three years, including the year she was injured. In fact by the day of her injury, June 26, 1994, this was the fourth or fifth trip to White Water that year. Mrs. Desai testified that she was injured when, after going down the water slide at White Water in a raft as she had numerous times, she got out of the raft without being
told to by an attendant and was struck by another raft. The record also shows that Mrs. Desai had observed the water slide in operation on many occasions.
On the day Mrs. Desai was injured the following announcement was played continuously over the public address system at the beginning of the slide and on the walkway leading to the top of the slide:
"Welcome to Bahama Bob-Slide. This is a thrilling ride. When you get to the top, the lifeguard will instruct you on how to board the raft. Listen carefully to these instructions. While in the raft, sit facing the center with legs crossed and hold onto the handles. Do not lean forward as you might bump heads. Remain seated throughout the entire ride. At the bottom of the ride do not get out of the raft until a lifeguard instructs you to do so. Other rafts will be coming down behind you and the water is shallow. Disregard for these rules may result in injury to yourself or others." (Emphasis supplied.)
Although Mrs. Desai's affidavit states that she did not hear this recorded message, she has not disputed that the message was being played.
Further, this sign was posted near the entrance of the slide:
BAHAMA BOB-SLIDE
RATING: THRILLING
WATER DEPTH: 0-3 FEET
RESTRICTION: MAX 6 people per Aquadiscs
HOW TO RIDE
• AQUADISCS:
• PLEASE STAY SEATED ON THE BOTTOM OF YOUR RAFT
• HOLD ON TO ONE OF THE HANDLES
• RENTAL TUBES CAN BE CARRIED TO TOP OF PLATFORM AND WILL BE SENT DOWN POOL
• PICK-UP AT BOTTOM OF RIDE
CAUTION
• DO NOT EXIT RAFT UNTIL ATTENDANT INSTRUCTS YOU TO
• DO NOT STEP ONTO CONVEYOR
• FAILURE TO ABIDE BY THESE RULES MAY RESULT IN INJURY TO YOUR SELF OR OTHERS
Although Mrs. Desai admits she definitely read the sign the first time she rode in 1992 or 1993, she testified that she did not read the sign on the day of the incident even though nothing prevented her from reading it. Nevertheless, Mrs. Desai testified that two years
earlier when she read the warning sign, she knew that she should wait for an attendant to tell her to exit the raft even though she may not have remembered that on the day she was injured because she was not consciously thinking about it.
In response to a question concerning whether she knew that she should wait for the attendant before exiting the raft, Mrs. Desai testified: "See, what happened, I came out immediately from the thing. I didn't have any problem to come out. Okay. My mother was with me, who was 65 years old. I wanted to make sure she got off properly from the ride. Because it was wobbly on the water, the raft. So I was holding her raft so she can get off. And the lifeguard at that time was not present. They were d
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