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Woman suing Elitch's over Mind Eraser ride

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BTurner

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Jul 11, 1999, 3:00:00 AM7/11/99
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After reading the article 2 points stood right out .

1. She admits to not keeping her head against the head rest
2. She wasn't holding on

Anyone that has riden a Hang and Bang type rollercoaster know 2 things ,
head back and hold on.

That's just my 2 cents.

Bruce....

Robert Ulrich

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Jul 12, 1999, 3:00:00 AM7/12/99
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(as to why Drachen Fire is no longer operating I offer the following
example of the litiguous nature of the US court system:)

Woman suing Elitch's over Mind Eraser ride
Harness failure caused head injury, loss of memory, suit alleges
By Sue Lindsay
Denver Rocky Mountain News Staff Writer
7/10/1999
--------------------------------------------------------------------------------
A Denver woman who says she lost her memory on the Mind Eraser roller
coaster two years ago is taking Six Flags Elitch Gardens to court.

Deborah Lee Benagh said the shoulder harness failed to hold her
securely in place and she repeatedly struck her head during a ride on
the Mind Eraser on July 12, 1997.

As a result, she said she suffered long- and short-term memory
problems and had to quit her job as a sales associate at Merrill Lynch
where she had worked for 15 years.

Elitch's stands firmly behind the safety of the Mind Eraser.

"The percentage of people that claim to have injured themselves is so
small compared to the 2.5 million people who have ridden the ride and
enjoyed it," said Elitch's spokeswoman Stephanie Goodell.

Fun-seekers line up for hours to ride the Mind Eraser, which loops
them suspended in the air for a hair-raising 1 minute, 10 seconds.

Benagh's lawsuit contends that Elitch's sacrificed safety for thrills
and failed to warn customers of dangers they knew existed.

Benagh was one of 22 people injured on Elitch's Mind Eraser in 1997 --
6 of whom were taken by ambulance to area hospitals, according to
Elitch's injury reports.

The same day that Benagh was injured, another person experienced head
and back pain during the ride and was taken by ambulance to University
Hospital, the report states.

Elitch's attorney Jack Robinson said Elitch's objects to use of those
reports because there is no way of knowing for certain whether the
customers were actually injured while on the Mind Eraser.

Benagh, 44, said she hit her head repeatedly during the ride and
believes she lost consciousness for a short time.

Benagh said she exited the ride feeling dazed, dizzy and disoriented.
"I felt really sick, but I was able to stumble away. I thought it was
just too much for me and the feeling would pass."

But the next day, she said one of her eyes became bloody and she
experienced severe headaches, vision problems, nausea, stomach
cramping and vomiting.

She began having memory problems and loss of balance -- conditions
that only recently have begun to improve, said her attorney Jerome
Malman.

"I could have a conversation with someone and turn around and have no
memory of it," Benagh said. "I would lose time. I'd be standing at the
stove with a spice in my hand and couldn't remember if I'd used it or
not."

She stopped driving when the memory lapses took place several times in
traffic; and she had to leave her job in August 1997 because of memory
problems and slurred speech, she said.

Robinson said Benagh didn't complain about the ride until about a
month had passed.

Benagh didn't realize she had been seriously injured at first, Malman
said. "She thought it would just clear by itself."

Elitch's should have known the ride was dangerous before it began
operating it because of injuries at other parks owned by Premier
Parks, which owns Elitch's, Malman said.

Premier reported 54 injuries ranging from nose bleeds to neck injuries
on the Mind Eraser over the past three years at Kentucky Kingdom in
Louisville, according to court documents.

Robinson will ask a Denver judge to throw out the lawsuit in a hearing
Monday. If the judge refuses, the case is set for a three-day trial
beginning July 26.


CoAsTeRDaN

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Jul 12, 1999, 3:00:00 AM7/12/99
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So if the woman lost her memory, how she she remember it was the ride that did
it? Afterall, the ride is called "Mind Eraer" for pete sakes. 8^P

Ok, lets wake up and start to NOT but cheap vekoma junk.


CoAsTeRDaN
PKD 4 ME

Check out my web page: CoAsTeRDaN's PaRk
Http://members.aol.com/coasterdan/index.html
# 1 Wood, Grizzly at PKD, # 2 Raven.
# 1 Steel, Mindbender at West Edmonton Mall, # 2 Volcano, The Blast Coaster.


Matt Crowther

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Jul 12, 1999, 3:00:00 AM7/12/99
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In article <3789f02c...@news.mindspring.com>,
GaMn...@mindspring.com (Robert Ulrich) wrote:

> (as to why Drachen Fire is no longer operating I offer the following
> example of the litiguous nature of the US court system:)
>
> Woman suing Elitch's over Mind Eraser ride
> Harness failure caused head injury, loss of memory, suit alleges
> By Sue Lindsay
> Denver Rocky Mountain News Staff Writer
> 7/10/1999
>
--------------------------------------------------------------------------------

Harness FAILURE? It seem to me the harness CAUSED the alleged injury.
Maybe this will encourage steel ride manufaturers to try and make steel
loopers with more comfortable restraint systems, or *God forbid* no OTSRs?

Matt

SteelForce

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Jul 12, 1999, 3:00:00 AM7/12/99
to
>Maybe this will encourage steel ride manufaturers to try and make steel
>loopers with more comfortable restraint systems, or *God forbid* no OTSRs?

Matt MATT snap out of it! :)

this is reality

:)

I wish you were right, but I don't see it happening.

SAM

Michael Gladstone

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Jul 12, 1999, 3:00:00 AM7/12/99
to
In article <3789f02c...@news.mindspring.com>,
GaMn...@mindspring.com (Robert Ulrich) wrote:

> Premier reported 54 injuries ranging from nose bleeds to neck injuries
> on the Mind Eraser over the past three years at Kentucky Kingdom in
> Louisville, according to court documents.

Oh wow! I didn't know that Kentucky Kingdom had a Mind Eraser. Is this
the secretly-renamed coaster that no one has ever seen? I'll
have to go there and ride it.</sarcasm>

You'd think the company could at least get the name of the ride correct.

Michael


Sent via Deja.com http://www.deja.com/
Share what you know. Learn what you don't.

Tommy Thompson

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Jul 12, 1999, 3:00:00 AM7/12/99
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Is SFEG's Mind Eraser any rougher than all the other ones? How bout SFKK's
version?


#1 Steel-Apollo's Chariot!!!!!!!!!
#1 Wood-Great American Scream Machine
Go Gators!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Matt Crowther

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Jul 12, 1999, 3:00:00 AM7/12/99
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In article <19990712124532...@ng-ce1.aol.com>,
steel...@aol.comJoinCZ (SteelForce) wrote:

I can dream, can't I? ;-)

Matt

Sushi Jack

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Jul 12, 1999, 3:00:00 AM7/12/99
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The "Mind Eraser" at Elitch Gardens in an inverted

Steve Nuss

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Jul 12, 1999, 3:00:00 AM7/12/99
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>The "Mind Eraser" at Elitch Gardens in an inverted

Since when did B&M build a coaster named Mind Eraser? The Mind Eraser you
refer to is a Vekoma SLC. B&M copywrited(©) the title "Inverted" coaster,
therefore, you get "Suspended Looping Coaster" for Vekoma 'inverteds'.
As for the woman suing. BS. Expecting to get a coaster and not hit your
head on an OTSR (Yes, B&M is not flawless, it happens) is just silly. And, I
believe it said something about her 'remembering' she was 'injured' on this
coaster. And that she had memory loss. Um, excuse me, but, if you have a
memory loss, how the hell are you supposed to remember what caused them? This
is a crock of shxt, IMHO.

-Steve, off his high soapbox
-----------------
~Coaster Enthusiast Since 4/24/98~
~Track Record: 12~
~Number 1: Fire Dragon~

~Help Keep Memories Alive~
~Save Arnold's Park: http://save.okoboji.com

Valentin Rodriguez

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Jul 12, 1999, 3:00:00 AM7/12/99
to
Just curious, after having ridden the Serial Thriller at SFAW, do all Vekoma
SLC's have the "pillows" on the sides of the shoulder harness?


Robert Ulrich <GaMn...@mindspring.com> wrote in message
news:3789f02c...@news.mindspring.com...


> (as to why Drachen Fire is no longer operating I offer the following
> example of the litiguous nature of the US court system:)
>
> Woman suing Elitch's over Mind Eraser ride
> Harness failure caused head injury, loss of memory, suit alleges
> By Sue Lindsay
> Denver Rocky Mountain News Staff Writer
> 7/10/1999
> --------------------------------------------------------------------------
------

> Premier reported 54 injuries ranging from nose bleeds to neck injuries
> on the Mind Eraser over the past three years at Kentucky Kingdom in
> Louisville, according to court documents.
>

RunawayMT

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Jul 12, 1999, 3:00:00 AM7/12/99
to
Oh my God, Robert, you're such a liar! Is this an early April
fools joke? I mean, come on! She lost her memory? On *The Mind
Eraser*? LOL!!!

Mark-
who thinks this is the funniest lawsuit ever filed

Bob Cornellier

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Jul 12, 1999, 3:00:00 AM7/12/99
to
She didn't know how bad she was hurt until she was diagnosed buy her lawyer.

Robert Ulrich wrote in message <3789f02c...@news.mindspring.com>...

Joe Schwartz

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Jul 12, 1999, 3:00:00 AM7/12/99
to
ioadd...@aol.com.TakeOut (Steve Nuss) wrote:

> B&M copywrited(©) the title "Inverted" coaster...

Nonsense. You can't copyright a name or title. You can *trademark* a
product name, but I've never seen B&M claim a trademark on the word
"inverted". I think this is just another made-up "fact" that people tend
to repeat without basis.

------------------------------------------------------------------
Joe Schwartz (j...@joyrides.com) -- 5 Broadway #407, Troy, NY 12180

Come visit the Joyrides website <http://www.joyrides.com>,
a photo gallery celebrating the joy and beauty of amusement rides!

matt

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Jul 12, 1999, 3:00:00 AM7/12/99
to
I'd say if she is suffering from memory loss on a ride called "Mind Eraser",
she got her money's worth!!!!!!!!


Robert Ulrich <GaMn...@mindspring.com> wrote in message
news:3789f02c...@news.mindspring.com...

Valentin Rodriguez

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Jul 12, 1999, 3:00:00 AM7/12/99
to
Just curious, after having ridden the Serial Thriller at SFAW, do all Vekoma
SLC's have the "pillows" on the sides of the shoulder harness?

Locoboy

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Jul 12, 1999, 3:00:00 AM7/12/99
to

Actually, your dream became a reality thanks to Mr. Anton Schwarzkopf.
I know...he never made inverted style roller coasters. At least he
started out his sit down loopers the right way with only lap bars. Such
a simple concept...who knew it would be so wonderful. :-)

Locoboy

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Jul 12, 1999, 3:00:00 AM7/12/99
to

Man, it looks like, as ususal, the cost of this lawsuit will be passed
straight on to...you guessed it - the paying customers. It seems like
the parks never seem to lose any money in these deals...they just raise
the prices of everything and the cycle starts all over again.

Locoboy

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Jul 12, 1999, 3:00:00 AM7/12/99
to
Valentin Rodriguez wrote:
>
> Just curious, after having ridden the Serial Thriller at SFAW, do all Vekoma
> SLC's have the "pillows" on the sides of the shoulder harness?

Kong at Marine World has them.

Locoboy

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Jul 12, 1999, 3:00:00 AM7/12/99
to
matt wrote:
>
> I'd say if she is suffering from memory loss on a ride called "Mind Eraser",
> she got her money's worth!!!!!!!!

Hehe! :-D

Steve Nuss

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Jul 13, 1999, 3:00:00 AM7/13/99
to
>Nonsense. You can't copyright a name or title. You can *trademark* a
>product name, but I've never seen B&M claim a trademark on the word
>"inverted". I think this is just another made-up "fact" that people tend
>to repeat without basis.

Copyright, trademark; Same difference. ;-) I'm just passing along
information I heard...

-Steve

Tjames Madison

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Jul 13, 1999, 3:00:00 AM7/13/99
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In article <378a652a...@news.earthlink.net>, Runa...@earthlink.net (RunawayMT) wrote:
>Oh my God, Robert, you're such a liar! Is this an early April
>fools joke? I mean, come on! She lost her memory? On *The Mind
>Eraser*? LOL!!!

Actually, Westword, the Denver alternative weekly thing, had a big story about
a month ago on all the injury complaints from Mind Eraser. Here's the link:

http://www.westword.com/1998/061799/feature1-1.html

It's somewhat sensationalistic ("Elitch's doesn't want the public to know,"
etc.,) but the story has some interesting tidbits. I find it cruelly ironic
that the woman's suit rests on the notion of the ride's plastic headrest and
"ill-fitting shoulder harness."


Jeff Tolotti

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Jul 13, 1999, 3:00:00 AM7/13/99
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From: tja...@pigdog.org (Tjames Madison)

>Actually, Westword, the Denver alternative weekly thing, had a big story
>about a month ago on all the injury complaints from Mind Eraser. Here's the
link:
>
>http://www.westword.com/1998/061799/feature1-1.html
>
>It's somewhat sensationalistic ("Elitch's doesn't want the public to know,"
>etc.,) but the story has some interesting tidbits. I find it cruelly ironic
>that the woman's suit rests on the notion of the ride's plastic headrest and
>"ill-fitting shoulder harness."

Wow. Yes, parts of it are clearly designed for sensationalism, but the only
ones I really had a problem with were the "steadily rising injuries" at parks.
I find it *fascinating* to read the number and types of claims on the SLCs
Premier owns... I wonder how many B&Ms have caused people to be "transported
to area hospitals via ambulance"?

I agree with Elitch on one thing though - the settlement should come from
Vekoma, for such cheap, poor workmanship on so many of their rides...

*******************************************************
Jeff Tolotti, The Moist One -- Remove "NOSPAM" to reply

Successjw

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Jul 13, 1999, 3:00:00 AM7/13/99
to
This is too bad. But a better restraint system would not only alleviate this,
but make for a better ride. There are many loopers I only occassionally ride
because of this issue. They should have a harness similar to what Nascar
Drivers weat. Plenty of restraint (for safety), but also plenty of flexibility
for fun. I guess the problem would be load and unload times and how to keep
people from unbuckling. Seem solvable.

Jim W

Tommy T-Rex

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Jul 13, 1999, 3:00:00 AM7/13/99
to
Question.... if she lost her memory, then how is she able to remember riding
the ride, or even going to the park?

Tommy

Robert Ulrich <GaMn...@mindspring.com> wrote in message
news:3789f02c...@news.mindspring.com...

Mamoosh

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Jul 13, 1999, 3:00:00 AM7/13/99
to
Something caught my eye when reading this:


>> Benagh said she exited the ride feeling dazed, dizzy and disoriented.
>> "I felt really sick, but I was able to stumble away. I thought it was
>> just too much for me and the feeling would pass."
>>
>> But the next day, she said one of her eyes became bloody and she
>> experienced severe headaches, vision problems, nausea, stomach
>> cramping and vomiting.


--snip snip--

Robinson said Benagh didn't complain about the ride until about a
> month had passed.


If she didn't complain until AFTER leaving the park, is it possible that her
lawsuit might be void? I mean, who's to say she didn't have some other
kind of accident at home and decided to blame it on the park? If she
had complained right there at the park after getting off the ride, her
complaint and injuries would be documented by park security and first aid.
I'm not a lawyer [I just play one on TV! LOL!] but I'd bet she's going to
have
a hard time with this.

--Mamoosh

Dave Althoff

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Jul 13, 1999, 3:00:00 AM7/13/99
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Valentin Rodriguez (Ika...@email.msn.com) wrote:
: Just curious, after having ridden the Serial Thriller at SFAW, do all Vekoma
: SLC's have the "pillows" on the sides of the shoulder harness?

Unfortunately, yes.

I have ridden the following SLCs--
Mind Eraser, Adventure World
Serial Thriller, Geauga Lake
T^2, (Six Flags) Kentucky Kingdom
Top Gun, Paramount Canada's Wonderland

All of those have the 'pillows'. The one at Adventure World is the only
one I got to ride before the 'pillows' were installed, and I can honestly
say that it was a much better ride *without* them. Of those four
coasters, ONLY T^2 is violent enough to warrant even considering the
'pillows' and I wonder if having the restraint that close to the head
might not have been the real cause of this woman's complaint.

Unfortunately, Face/Off also has the excessive shoulder bar padding, which
means that the ride has some headbanging that wouldn't be there if the bar
didn't come in so close. That ride is glass-smooth, less violent than
even Geauga Lake's Serial Thriller.

--Dave Althoff, Jr.
--
/^\ _ _ *** Now open EVERY DAY!!! ***
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/XXXXX\ /XXX\ _/XXXX\_ /X\ /XXXXX\ /X\ /X\ /XXXXX
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Sean Flaharty

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Jul 13, 1999, 3:00:00 AM7/13/99
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I for one find that I get a much better ride with my head fully extended out
of the restraints than keeping my head against the head rest. Since my head
clears the restraints, I don't get my head boxed as much. This is the same
way I ride OL: FoF. I rode T2 with the original restraints and I liked them
better than the newer ones they had.


Sean

--


Irishcoast's Homepage!
http://www.geocities.com/sunsetstrip/stage/7332

BTurner wrote in message <378b6...@208.229.215.70>...
>
>After reading the article 2 points stood right out .
>
>1. She admits to not keeping her head against the head rest
>2. She wasn't holding on
>
>Anyone that has riden a Hang and Bang type rollercoaster know 2 things ,
>head back and hold on.
>
>That's just my 2 cents.
>
>Bruce....
>
>

Joe Schwartz

unread,
Jul 13, 1999, 3:00:00 AM7/13/99
to
dal...@gcfn.org (Dave Althoff) wrote:

> I have ridden the following SLCs--
> Mind Eraser, Adventure World
> Serial Thriller, Geauga Lake
> T^2, (Six Flags) Kentucky Kingdom
> Top Gun, Paramount Canada's Wonderland
>
> All of those have the 'pillows'. The one at Adventure World is the only
> one I got to ride before the 'pillows' were installed, and I can honestly
> say that it was a much better ride *without* them. Of those four
> coasters, ONLY T^2 is violent enough to warrant even considering the
> 'pillows' and I wonder if having the restraint that close to the head
> might not have been the real cause of this woman's complaint.

FWIW, I thought T^2 was far far worse without the pillows. In its first
year, T^2 had hard plastic OTSRs with no pillows. It was torture. It was
more painful than any other coaster I've ever been on. Now the OTSRs are
much softer, and T^2 is no longer unrideable. The pillows are annoying,
but at least they're not painful.

Locoboy

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Jul 13, 1999, 3:00:00 AM7/13/99
to
Tommy T-Rex wrote:
>
> Question.... if she lost her memory, then how is she able to remember riding
> the ride, or even going to the park?
>
> Tommy

Oh man - good question Tommy! :-)

Jeff Tolotti

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Jul 14, 1999, 3:00:00 AM7/14/99
to
From: "BTurner" <bTurne...@beld.net>

>After reading the article 2 points stood right out .
>
>1. She admits to not keeping her head against the head rest
>2. She wasn't holding on
>
>Anyone that has riden a Hang and Bang type rollercoaster know 2 things ,
>head back and hold on.

Yeah... but only IF you want to get banged around!

I've ridden SLCs head back, head forward, and head pressed to one side. I find
pressed-to-one-side to work best for me... largely because the seats are so
large and clumsy, I can't get my head OUT far enough (and plus, then it hurts
my shoulders because of the awful harness design). But even when pressing
strongly against one side, and knowing the ride well enough to anticipate the
jolts, SFA's Mind Eraser still is rough enough to bang me up.

Tommy Thompson

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Jul 14, 1999, 3:00:00 AM7/14/99
to
Is SFEG's Mind Eraser any rougher than all the other SLC's? I recently rode
Hangman at Wild Adventures 20+ times with no problem at all.

Tommy Thompson

unread,
Jul 14, 1999, 3:00:00 AM7/14/99
to
>Anyone that has riden a Hang and Bang type rollercoaster know 2 things ,
>head back and hold on.
>

Exactly!!! It says hold your head back and she obviously wasn't because she
said it kept hitting the seat back. If you hold it back firmly, you'll live.

Tommy Thompson

unread,
Jul 14, 1999, 3:00:00 AM7/14/99
to
I wrote this retarded point:

>Exactly!!! It says hold your head back and she obviously wasn't because she
>said it kept hitting the seat back. If you hold it back firmly, you'll live.
>
>

Actually, it should say:

Hold your head firmly against one side and you'll live. I survived the 2 SLC's
I've been on by holding my head against the far left or right side.

Pezoids

unread,
Jul 15, 1999, 3:00:00 AM7/15/99
to
How about ots-seat belts, crossing your chest.


SteelForce <steel...@aol.comJoinCZ> wrote in message
news:19990712124532...@ng-ce1.aol.com...

Ted Ansley

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Jul 15, 1999, 3:00:00 AM7/15/99
to
gogat...@aol.com (Tommy Thompson) wrote:

>I wrote this retarded point:
>
>>Exactly!!! It says hold your head back and she obviously wasn't because she
>>said it kept hitting the seat back. If you hold it back firmly, you'll live.
>>
>>
>
>Actually, it should say:
>
>Hold your head firmly against one side and you'll live. I survived the 2 SLC's
>I've been on by holding my head against the far left or right side.
>

I have ridden about 7 Vekoma SLCs, all with little to no headbanging and am
still scratching my head about all of these comments. We have been to the
AW with some friends kids who were 9-12 and none really complained of
headbanging either. Some of the SLCs have some train shuffling and
vibration but minmal to no headbanging in my experience. The only place
where i got a whack, but a small one, was during the last slow speed turn
entering the station.


Ted Ansley
**Rollercoaster Fan<atic>**
ansl...@earthlink.net

Joe Schwartz

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Jul 15, 1999, 3:00:00 AM7/15/99
to
"Pezoids" <PEZ...@prodigy.net> wrote:

> How about ots-seat belts, crossing your chest.

Then the woman would probably say she lost her mammary.

Mamoosh

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Jul 15, 1999, 3:00:00 AM7/15/99
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ROFL!


Joe Schwartz wrote in message <378d727e...@news1.newscene.com>...

Wesley

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Jul 15, 1999, 3:00:00 AM7/15/99
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Conner Purcell

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Jul 18, 1999, 3:00:00 AM7/18/99
to

>Harness FAILURE? It seem to me the harness CAUSED the alleged injury.

>Maybe this will encourage steel ride manufaturers to try and make steel
>loopers with more comfortable restraint systems, or *God forbid* no OTSRs?

I'm sorry, but a SLC with a lap bar? Yikes...


CoNNeR pUrCeLL
~!*CoNs*!~
AOL=> vXvCoNsvXv
ICQ=>39257789
#1=>Raging Bull
#2==>The Incredible Hulk
Track Record=>36

Dave Althoff

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Jul 20, 1999, 3:00:00 AM7/20/99
to
Conner Purcell (vxvco...@aol.com) wrote:

: >Harness FAILURE? It seem to me the harness CAUSED the alleged injury.


: >Maybe this will encourage steel ride manufaturers to try and make steel
: >loopers with more comfortable restraint systems, or *God forbid* no OTSRs?

: I'm sorry, but a SLC with a lap bar? Yikes...


Sure! You have a problem with that? I know I don't...!

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