SANDUSKY, Ohio — A woman has filed a lawsuit against Cedar Point's parent company, Cedar Fair L.P., Wednesday alleging permanent injuries after a metal piece from the Top Thrill Dragster rollercoaster broke off and struck her in the head in August 2021.
According to Rachel Hawes' lawsuit, the incident happened while she was waiting in line to ride the Top Thrill Dragster on Aug. 15, 2021, when she was visiting the Sandusky amusement park with family. Hawes alleges the incident caused injuries including a traumatic brain injury, skull fracture and bleeding in the space surrounding the brain.
Hawes, of Michigan, is seeking a trial by jury and an undetermined amount of financial compensation for her injuries. The suit was filed Wednesday in Erie County Common Pleas Court.
According to the lawsuit, her "serious and permanent injures, including, but not limited to" are:
- Head trauma with a resultant traumatic brain injury;
- Subarachnoid hemorrhage with cerebral edema due to traumatic head injury;
- Cerebral venous thrombosis of the sigmoid sinus;
- Right subdural hematoma;
- Communicating hydrocephalus with VP shunt placement; and
- Right open skull fracture associated with cerebral laceration and contusions and resultant prolonged loss of consciousness (more than 24 hours).
A Cedar Fair spokesperson told WTOL 11 Wednesday night that the company does not comment on pending litigation.
Hawes was taken to the hospital by air ambulance and received physical, occupational and speech therapy as part of her recovery. Her lawsuit states she has incurred medical expenses over $2 million, and that future medical treatment will cost over $10 million.
Hawes also alleges the injuries will permanently prevent her from attending graduate school for education and cost her approximately $1,265,000 in earnings.
The lawsuit alleges that due to wrongful conduct by Cedar Point, Hawes "suffered serious personal injury, conscious pain and suffering, medical expenses, inability to be gainfully employed, mental anguish, and the loss of the ability to engage in her regular activities from which she derived pleasure in life."
In February 2022, the Ohio Department of Agriculture concluded Cedar Point did not break any laws leading up to the incident.
"After a thorough review of the evidence collected and documented in the Investigative Summary attached hereto, it is the opinion of the Amusement Ride Safety (ARS) Division that there is insufficient evidence to find the actions or inactions of Cedar Fair Entertainment Company (Cedar Point) violated any of the laws found in Chapter 993 of the Ohio Revised Code or any rules adopted by ODA pursuant to ORC 993.04," the report stated. "Therefore, ODA ARS is not recommending any administrative action against Cedar Point."
ODA conducted a post-accident inspection of the ride, interviewed Cedar Point staff, and reviewed thousands of pages of maintenance records, witness reports and lab reporting. ODA said it "could not establish the levels of necessary proof" to bring any charges.
ODA's inspection found an L-shaped bracket missing from the back of one of the trains.
An ODA spokesperson said the department does not have comment on Hawes' lawsuit.
Photos included in the 620-page report taken in the aftermath of the incent show a substantial amount of blood on the ground.
Cedar Point announced it was permanently closing the ride in September 2022.
A PDF of the lawsuit is embedded below. Mobile users, click here.