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FAULKNER v. CAROWINDS AMUSEMENT PARK

No. 1:94-0252.

867 F.Supp. 419 (1994)

Eva FAULKNER and William E. Faulkner, Plaintiffs, v. CAROWINDS AMUSEMENT PARK, Defendant.

United States District Court, S.D. West Virginia, Bluefield Division.

November 7, 1994.

Attorney(s) appearing for the Case

Hobert F. Muncey, Jr., Katz, Kantor & Perkins, WV, for plaintiffs.

Lawrence E. Morhous, Brewster, Morhous & Cameron, WV, for defendant.

OPINION

FABER, District Judge.

I. Statement of the Case

In April of 1992 the plaintiffs, Eva Faulkner and William E. Faulkner, who are husband and wife, took their children to Carowinds Amusement Park near Charlotte, North Carolina, for a family outing. While standing in the viewing area for the "Whitewater Falls" ride with her infant daughter in her arms, Eva Faulkner saw a huge wave of water crash through a barrier and come toward...

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