KY Kingdom: Season pass holder plotted injury

LOUISVILLE, KY (WAVE) - A battle between a former season pass holder and Kentucky Kingdom leaders heated up Wednesday as claims of negligence counter-shifted to claims of deception.

"Somebody that wants to beat the rules and wants to contrive a lawsuit," said Kentucky Kingdom CEO Ed Hart. "That's what we're dealing with today and we're not going to allow it."

Hart sounded off as he announced a counter-suit against former season pass holder Felicia Evans and patron Brandon McClellan.

"Two riders fell out of the double tube at one of our water slides," said Hart.

[PREVIOUS STORY: 2 injury lawsuits filed against Kentucky Kingdom]

Evans and McClellan filed suit against Kentucky Kingdom claiming they received injuries on June 3 while riding the Mt. Slide Hai Voodoo Express water slide. Hart said Evans' attorney, Hal Friedman, alleged park staff handed Evans and McClellan the wrong size inner tubes leading to their subsequent injuries.

"The life guards do not give our guests the tubes," said Hart. "The approved tubes are in the pin."

According to Hart, guests select their own water slide tubes prior to riding attractions. As such, legal action shifted Wednesday to a debate over whose shoulders responsibility for Evans and McClellan's alleged injuries should fall.

Kentucky Kingdom officials maintained because signs specifying park rules and ride requirements are posted throughout the park, responsibility for following guidelines falls on park patrons.

"Per medical statements taken at the time, the claimants exceeded the maximum weight limit by over 70 pounds," said Hart. "The number one rule is check your height and weight. If unsure, check the scale we have in the middle of the park. It's a big scale."

In addition to failing to comply with weight requirements, Hart said Evans and McClellan disobeyed lifeguards as part of what he considered a plot to get injured.

"The claimants did not wait for lifeguard instructions before going down the slide," said Hart. "A courageous friend of Ms. Evans came forward to do the right thing and submitted an affidavit attesting to the fact that Ms. Evans told her friends that she planned to intentionally get hurt at Kentucky Kingdom in order to obtain a settlement."

Friedman, an attorney for both Evans and McClellan, refuted the claims.

"He doesn't give the dates or any specific information about when this information was conveyed to him. All I can tell you is Ms. Evans will completely dispute this," said Friedman. "It's a shame that Kentucky Kingdom is attacking the victim and a patron who was injured at their park."

According to Friedman, injuries have happened to more than just Evans and McClellan.

"Our office has been contacted by not less than six separate individuals who have all been injured or were thrown from tubes," said Friedman.

Hart, however, denied the allegation.

"Up to 50,000 people have used that slide and Ms. Evans is the only one that has requested to be transported to a hospital for alleged injuries," said Hart.

Despite the litigation, park leaders said Kentucky Kingdom water slide tubes are safe. As such, the park will continue using the tubes next season.

Copyright 2014 WAVE 3 News. All rights reserved.