Six Flags and its parent company made the allegations in a cross-action filed Friday in the case in state district court in
Six Flags and Gerstlauer have denied liability in the case. In previous court filings, Six Flags maintains it complied with inspections and maintenance procedures recommended by Gerstlauer.
Six Flags was not specific in the latest filing as to how it believes the roller coaster train was defective. Rather, Six Flags again said it followed all the recommended operation and maintenance procedures on the ride as spelled out by Gerstlauer, even at the time of the
Six Flags said it is joining Esparza's family to "allege that [Gerstlauer's] roller coaster train was a defective product that was unreasonably dangerous in design, manufacture, distribution and promotion," the filing said. Six Flags also alleges that Gerstlauer, as seller of the train, "are liable to [Six Flags] for strict products liability and negligence."
Gerstlauer has 20 days to respond to the filing and Broughton said they will likely file a "mirror image" of a cross-action.
In the filing, Six Flags said it was "simply a conduit of providing the ride for the public's use" and is seeking "full indemnity" from Gerstlauer. It did not specify the amount of money it is seeking. The family is seeking more than
The Texas Giant was shut down the night of Esparza's fatal fall. The ride reopened in September after Six Flags said its investigation found that no mechanical failure was involved. Six Flags has not released any further information from its investigation conducted by the ride's manufacturer, internal engineers and external experts.
Fixes are made
Six Flags has since added redesigned restraint-bar pads from the manufacturer, as well as new seat belts, and it began providing a coaster seat at the ride's entrance so guests can test whether they fit safely.
Six Flags reopens for the season
"We re-opened the ride last fall following the addition of incremental and overlapping safety measures that included re-designed restraint-bar pads from the manufacturer and new seat belts," the statement said.
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