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Busch Gardens Williamsburg (BGW BGE) Discussion Thread

P. 469: A Stroll Around Christmas Town

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The park is facing a lawsuit.

 

http://www.dailypress.com/news/crime/dp-nws-busch-suit-0601-20110601,0,1923419.

 

Busch Gardens faces $5.3M lawsuit in gropings at Water Country USA

 

YORK — A $5.3 million lawsuit stemming from a ride operator's groping of four females at Water Country USA in 2008 could go to trial by year's end.

 

Police said that four females — two women and two 11-year-old girls — were on the park's Malibu Pipeline flume ride in August 2008 when the man grabbed their breasts, as well as one of the girl's thighs.

 

Sandeep Deepak Agarwal, 22 — a student from India in the U.S. on a visa — was convicted in York Circuit Court in early 2009 on two felony aggravated sexual battery counts on children under 13 and two misdemeanor sexual battery counts. He was deported back to India after 15 months in jail.

 

The suit, brought by one of the women and the parents of the two unrelated 11-year-olds, say park supervisors should have known what Agarwal was doing. "They had been repeatedly warned that criminal sexual assaults were occurring at the top of the Malibu Pipeline, and they did not act to protect their invitees," said Christina James, one of the plaintiffs' lawyers, at an April 2010 hearing.

 

The lawsuit claims a park supervisor was told of an assault, and said "to let him know if it happened again."

 

The suit says the groping has led to problems among the plaintiffs, such as stress disorders and problems in school. "Plaintiffs have been prevented from achieving the normal pursuits of happiness and enjoying a normal life, and will be forever so prevented in the future," the suit claims.

 

The suit demands $5 million in damages and $350,000 in punitive damages on six counts — intentional infliction of emotional distress; negligent infliction of emotional distress; negligence; negligent supervision; battery; and liability for being a "common carrier" on the ride.

 

A Norfolk lawyer representing Busch, David Bowen from Willcox & Savage, could not be reached for comment Tuesday.

 

Agarwal was served with the lawsuit in India, but hasn't responded. Only two claims — battery and intentional infliction of emotional distress — still stand against Busch.

 

The suit claimed that Water Country should have realized that Agarwal might have different views on acceptable touching. The suit said that at his criminal trial, Agarwal claimed to be unaware of American customs.

 

"He explained his behavior as being (that) … he had no idea that in America there is a prevailing cultural notion that one doesn't touch 11-year old and 12-year-old children in their breasts or their genital areas," James said at the April 2010 hearing. "His argument at trial was that he did not understand that what he was doing was considered …inappropriate."

 

A Busch lawyer replied: "This notion that we somehow should have screened people from India … to figure out if they would inappropriately touch little girls or women" is "contrary to the public policy of this country," and "would necessarily lead to claims of discrimination."

 

The parties are to meet in the case on June 17, with a plan to go to trial by Dec. 19.

 

But Agarwal and Busch Entertainment Group, Water Country's owner, face a lawsuit in U.S. District Court in Newport News. The suit claims Busch failed to teach Agarwal "to refrain from molesting and sexually assaulting" park guests.

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But Agarwal and Busch Entertainment Group, Water Country's owner, face a lawsuit in U.S. District Court in Newport News. The suit claims Busch failed to teach Agarwal "to refrain from molesting and sexually assaulting" park guests.

And this is the part that makes me scoff. One shouldn't have to be taught not to grope someone. If I'm at work and I make the choice to grab someone, that's the fault of my boss? No way, that's my own lack of common sense or self restraint. Plus, what difference does it make if he's from India? Yes, they have different culture but I'm not sold on the idea that intentional molestation is one of them.

No, he shouldn't have groped them. Yes, this is a valid lawsuit. That point, however, is invalid. One should not have to be taught by an employer what's considered a "special area." That is not the person who trained him's fault in the slightest. How awkward would it be if on the first day of training your boss says "Now don't grab anybody's tits?"

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But Agarwal and Busch Entertainment Group, Water Country's owner, face a lawsuit in U.S. District Court in Newport News. The suit claims Busch failed to teach Agarwal "to refrain from molesting and sexually assaulting" park guests.

And this is the part that makes me scoff. One shouldn't have to be taught not to grope someone. If I'm at work and I make the choice to grab someone, that's the fault of my boss? No way, that's my own lack of common sense or self restraint. Plus, what difference does it make if he's from India? Yes, they have different culture but I'm not sold on the idea that intentional molestation is one of them.

No, he shouldn't have groped them. Yes, this is a valid lawsuit. That point, however, is invalid. One should not have to be taught by an employer what's considered a "special area." That is not the person who trained him's fault in the slightest. How awkward would it be if on the first day of training your boss says "Now don't grab anybody's tits?"

 

At my job we go through all kinds of sexual harassment classes just so stuff like this doesn't happen. I would think that owners of waterparks would put forth some sort of effort in this matter just for the sad fact that there are people out there who, heaven forbid, get their jollies from people running around in swimwear. I can see a valid lawsuit against said employee, but not necessarily the owner/operator. Also, this happened 3 years ago. Would they actually be willing to extradite this man back to America for a trial?

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Lawsuits in this country... just

 

I mean, I'm not in any way suggesting that what happened here isn't horrible, but why wait three years before deciding to sue the park? If this happened, and I'm not suggesting it didn't, they should have brought it up with the park immediatly, not years down the line.

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Guess I'll say it before anyone else...

 

"Damned Cedar Fair and their poor operations...not having the new ride open on opening weekend, what the hell!"

 

Oh wait...make that, "Stupid Intamin cable!!"

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I actually saw Mach Tower crash last week. I'm assuming this is what caused the problem. It had been testing fine pretty much all day. They were dropping it from random heights on the tower. I decided to take a break in the beer garden to watch it test when the incident occurred. Everything was working fine as the car rose to the top of the tower. However, when the car dropped, the brakes barely slowed down the car this time. Needless to say, the car hit the ground pretty forcefully. BANG! There was actually some dust particles in the air afterwards. I haven't seen it testing since that happened. The catwalk thing that lifts the car in the air stayed at the top of the tower for the next couple of hours which was abnormal because usually it came back down within about two minutes. I assume they were trying to figure out just what the heck happened to the brakes! I'm actually mad I didn't record it. It happened on May 31st around 4 p.m. I've never heard of a drop tower's brakes not working. Aren't they supposed to be foolproof earth magnets?? Needless to say, Busch has some MAJOR work to do before this tower is ready for ANYBODY to ride!

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Hmmm, we know Intamin uses rare earth magnets on their towers, but does Moser?

 

Did you see it crash all the way to the ground, or did it just hit something on the tower itself. I'm kind of imaging some sort of gear getting stuck in the wrong position and the car hitting that rather than the ground itself. If there's any truth to this rumor, it'll be hard to get me on a Moser tower from here on out.

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Hmmm, we know Intamin uses rare earth magnets on their towers, but does Moser?

 

Did you see it crash all the way to the ground, or did it just hit something on the tower itself. I'm kind of imaging some sort of gear getting stuck in the wrong position and the car hitting that rather than the ground itself. If there's any truth to this rumor, it'll be hard to get me on a Moser tower from here on out.

 

No it went all the way down to the ground. The only thing it hit was the ground or whatever small cushioning there is at loading level. It didn't look or sound like there was much cushioning though. I did see the car through the trees afterwards and I couldn't see any major visible damage though.

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Just got back from BGW. I've got good news to come with it too!

 

Mach Tower's being worked on. There was a construction crew on the catch car working on the brake fins and higher-ups walking around the area all day.

 

Now on to the great news! Verbolten has begun construction today! Walls have been placed all around BBW's old station. You can see what's going on back there by standing around the kiddie bumper cars queue and I don't recall seeing construction walls around the smoking area near DF's old spot. I'm very sure this will change once construction really takes off and track/building pieces appear on site. BBW's station is unblocked (benches and trash cans have been moved to the side, making a path toward the station) aside from the walls preventing guests from walking into the queue so you can take a quick peek through.

 

I hope to see everyone at BGW Bash later today! Stop by Oktoberfest rides and say hey! Just wear something TPR related.

 

This is Moser's largest tower they've built to date correct?

Yes

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I actually saw Mach Tower crash last week. I'm assuming this is what caused the problem. It had been testing fine pretty much all day. They were dropping it from random heights on the tower. I decided to take a break in the beer garden to watch it test when the incident occurred. Everything was working fine as the car rose to the top of the tower. However, when the car dropped, the brakes barely slowed down the car this time. Needless to say, the car hit the ground pretty forcefully. BANG! There was actually some dust particles in the air afterwards. I haven't seen it testing since that happened. The catwalk thing that lifts the car in the air stayed at the top of the tower for the next couple of hours which was abnormal because usually it came back down within about two minutes. I assume they were trying to figure out just what the heck happened to the brakes! I'm actually mad I didn't record it. It happened on May 31st around 4 p.m. I've never heard of a drop tower's brakes not working. Aren't they supposed to be foolproof earth magnets?? Needless to say, Busch has some MAJOR work to do before this tower is ready for ANYBODY to ride!

 

That's Crazy!

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Quick park update... Mach Tower's been quiet this weekend, which means that the missing parts are still on their way (hopefully).

 

As for Verbolten, BBW's area is now treeless so you can peer toward DF's old gift shop/station if you wait in line for bumper cars. Seems like Busch is wasting no time getting this area ready for 2012. I'm pretty sure it's gonna be a matter of time before construction walls go up around there.

 

I cross my fingers for Mach Tower opening soon.

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