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Shrewsbury Sizzler Lawsuit Posted · Sep 14, 04:01 PM

Read it here [10 MB PDF].

It’s a cross-claim brought as part of a lawsuit against the Fohlin estate by the department of health and human services, seeking to recover for moneys spent on the care of Mr. Fohlin.

The suit names Jaro Amusements; Jack Keough (Jaro’s owner); Brian McCullough (Jaro’s maintenance manager), T.H.E. Insurance (which partners with Allied Specialty Insurance and Tropic Capital, which finances purchases, including, according to the suit, the Sizzler); MAH Consulting (the safety compliance certification entity); and Anthony J. Rossi (the ride inspector who inspected the Sizzler).

The basic allegations of the suit involve negligence in maintenance (including specific allegations that Jaro and Keough “failed to properly maintain, repair and inspect the subject ride, failed to follow manufacturer safety procedures and failed to maintain truthful and proper maintenance, repair and inspection records for the subject ride”); in training; and in inspections (including allegations that “Rossi, MAH and/or T.H.E. Insurance, independently or in concert, provided false, misleading and/or inaccurate safety and inspection certification or documentation to JARO for filing with the Massachusetts Department of Public Safety . . . .”

The core factual allegations about what happened track prior reports (see here for other documents), focusing on the alleged use of “broken, altered, improper and sub-standard seat mounting bolts and broken or sub-standard restraining bar mechanisms in various cars.” And, of course, it notes that McCullough pleaded guilty to criminal manslaughter, presumably resulting in the application of negligence per se.

  1. What is the claim the state has against the estate?

    Kevin    Sep 15, 10:05 AM    #
  2. When someone receives benefits from the state in medical care and later obtains money (i.e., from a settlement), the state often has a right of subrogation, much like an insurance company, to get back its costs. I assume that is what’s going on here.

    Bill Childs    Sep 19, 07:33 PM    #

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Shrewsbury Sizzler Suit Filed Links to Past Torts Quizzes