Local

Funtastic denies negligence in Port Townsend Ferris wheel fall

PORT TOWNSEND, Wash. — The company being sued after three people fell from a Ferris wheel in Port Townsend has responded to the federal lawsuit, denying any negligence or liability.

The Peninsula Daily News reported Tuesday that Funtastic Shows of Oregon says it is the fault of Shawn Swartwood, her partner Crystal Groth and Groth's 7-year-old son, Mikhail Groth Swartwood, that they were all injured in the May 18 fall.

The Port Townsend family members initially filed a lawsuit in Jefferson County Superior Court against the ride operator for damages for pain and suffering, medical expenses and lost income, but it was moved to federal court.

The three were riding a 40-foot Ferris wheel when the gondola flipped upside-down, dumping them roughly 15 feet onto the ride's metal platform.

In May, an attorney for the company, Timothy Parker, stated that according to two other operators and a person visiting the festival, passengers in that Ferris wheel gondola were standing, as they should not be.

At that time, the president of Funtastic, Ron Burback, told KIRO 7 he was confident the accident was not caused by operator error.

According to The Peninsula Daily News, Funtastic's official response to the federal lawsuit was in part:

"Several independent witnesses have provided statements to the effect that Plaintiffs were observed standing and moving around Gondola #2 while it was in motion."

"Plaintiffs were warned, verbally and in writing, that they must remain seated at all times.

"The Plaintiffs' failure to follow the warning and remain seated is the sole proximate cause of their alleged injuries."

The Ferris wheel in question has been put back into service.

The Associated Press contributed to this story.