THE family of an 11-year-old boy who died after a ride in the water park capsized in an accident that left his brother fighting for his life has filed a wrongful death lawsuit in state court on Thursday.
David and Sabrina Jaramillo, along with their three children David Jr, August and Nyla, filed a lawsuit against Adventureland Park last year for the incident.
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Michael Jaramillo, 11, was with his family on the Raging River ride on July 3, 2021 when the raft capsized, trapping all six of them underwater.
Michael drowned and his other family members were injured.
The family’s lawsuit alleges that the park in Altoona, a suburb of Des Moines, failed to properly maintain and repair rides for several attractions, including the Raging River.
The lawsuit also alleges that the park continued operations on the day of the incident, despite reports of serious problems.
The Jaramillo family is seeking unspecified monetary damages for negligence against the company that owned the park, Adventure Lands of America, former CEO Michael Krantz and three executives.
Krantz’s family owned the company that operated the park since the 1970s before it was sold to Palace Entertainment late last year.
“All actions or omissions of the named officers and managers occurred during their tenure with Adventure Land and within the scope of their employment,” the lawsuit read.
Court records show that Adventureland has been sued in recent years by people who have been seriously injured at other attractions, including water slides.
Iowa OSHA data shows that the Adventureland agency last fined in 2018 after an employee working on a roller coaster was knocked off a transformer and fell to the ground when hit by a test drive.
The employee was hospitalized with a broken arm. Adventureland resolved security violations by agreeing to pay $14,500 in 2019.
Guy Cook, who represents all the defendants named in the lawsuit, shared a statement with The Sun.
“Unfortunately, the tragic accident at Adventureland Park was the result of some extremely unusual factors coming together.
“The allegations of the lawsuit will be specifically addressed in court files. Importantly, allegations are not facts.
“For nearly 40 years, every Adventureland park ride has undergone a detailed annual safety inspection by the State of Iowa and rigorous daily inspections by park maintenance and attraction operators. This includes the Raging River ride.
“Safety is and has always been the number one priority at Adventureland.”
HORRIBLE MOMENT
Just days after Michael’s death, his parents spoke on Good Morning America about when their children reached out to be rescued when the raft capsized.
“I see the silhouettes of my sons trying to grab each other, grab us,” said David.
“I’m drowning,” he continued. “The river was so intense, it was like a suction.”
The parents said they were able to escape from the raft as they were the youngest son Gus and their daughter, but Michael and David remained trapped underwater.
As the family screamed for help, staff and first responders dove into the water and were eventually able to free the two boys.
Four off-duty Altoona officers and firefighters working in the park responded “quickly,” police said.
Both were taken to a local hospital in critical condition, the others were treated for minor injuries.
Michael died of his injuries a day later while his brother David was placed in an artificial coma.
The Jaramillos talked about their heartbreak because they couldn’t watch their son grow up.
“I’ll never get a chance to watch him grow up or see him graduate,” Sabrina said.
She burst into tears when she said that the Adventureland family business “robbed me of my baby.”
“He just took it from us,” added David Jaramillo. ‘Love your children. You just don’t know when they’ll be taken.”
“His heart was bigger than him,” he added of his son.
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