ORLANDO, Fla. -- A team of attractions experts will conduct their own investigation into a roller coaster derailment in Daytona Beach last week, with the possibility of a lawsuit being filed in the future, an attorney said Monday.
- Attorney Matt Morgan representing 3 derailment victims
- Group has retained attractions safety experts to investigate
- Attorney: Coaster insurance companies need to 'do the right thing'
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Attorney Matt Morgan announced his four-person team during a news conference Monday in downtown Orlando, with two members, Bill Avery and Brian Avery of Avery and Avery, present.
Morgan is representing three of nine victims in Thursday's derailment at Daytona Beach Boardwalk.
One of them is Amanda Bostic, who was one of two people who plunged from the Sand Blaster roller coaster when its cars began coming off the tracks. Morgan said Bostic fell 34 feet, bouncing around the coaster's rails like a pinball. He said she has at least a concussion.
Morgan would not identify the other two victims he is representing but said one of them, a woman, has at least 10 broken bones and is still in a hospital.
All of the victims are from Kentucky.
"Their injuries are severe, their injuries are significant," Morgan said. "Their injuries are likely going to last a lifetime, all due to what we believe was a foreseeable failure for a variety of different reasons."
Morgan said whether a lawsuit is filed is up to the findings by Avery and Avery, who work in operational safety for amusement rides and attractions.
Bill Avery said the team will comb through all of the maintenance and inspection logs and do a thorough inspection of the roller coaster, tracks, cars and components. They will investigate whether there is a history of problems not being thoroughly handled, and what the different contributing factors are.
"One of the things we know (is) that being on the coast, right next to the water, with the salt air, corrosion is an ongoing problem for anybody that operates under those conditions," Avery said. "We know that might very possibly be one aspect of this. We'll also be looking at any of the corrosion or deterioration of the steel and see if that had any impact in any way on it."
The Florida Department of Agriculture closed the ride in May for a variety of inspection issues. One of the issues listed was excessive corrosion. The ride was reopened Thursday after a follow-up inspection by the agency.
When the agency did an inspection of the ride after the derailment Thursday night, an official listed one issue with the ride as "structural integrity: other."
Right now, Morgan said the decision to file a lawsuit will depend on the ride's owner and operator and the company that insures the Sand Blaster. Morgan said Florida requires a minimum of $1 million insurance on a ride such as the roller coaster, but that will not be enough to cover the health care costs of all the victims.
Morgan said he would not be surprised if the insurance company "plays games" to avoid liability, requiring him to file a formal lawsuit.
"If the insurance companies responsible for insuring this particular roller coaster do the right thing and tender all available policy limits, then a lawsuit will not be necessary," Morgan said. "But as you can see, we have retained world-renowned experts. These experts are not cheap, their time is not cheap, and the reason we're already retaining them and paying them is we anticipate a legal battle."
Morgan also said that as of now, there are no plans to go after the Florida Department of Agriculture. However, if the inspection done hours before the derailment shows some level of culpability, that may change.