Garten v. Intamin Amusement Rides Int. Corp. EST, et al., 2021 WL 1976701

Partial dismissal granted under Fed. R Civ.P 12(b)(6) for failure to pled a feasible alternative design.

The plaintiff sued for injuries she claimed she suffered while riding a roller coaster. One of the claims in her fourth amended complaint was that the design of the harness, seat, and restraints failed to eliminate or guard against “whiplash type” injuries. The defendant’s motion to dismiss on this claim was granted because the plaintiff’s general allegation says nothing about the risks and utilities of the existing design or about an alternative, technologically feasible design that could have prevented her injuries.


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