On Oct. 2, 2010, plaintiff Charles Rogers, an unemployed/disabled 52 year old, went to Six Flags Magic Mountain in Valencia. Rogers, who had been paralyzed from the waist down and confined to a wheelchair since a 1996 automobile accident, went on a few rides without issue. At approximately 12:30 p.m., he went on X2, a high speed roller coaster in which the seats pitch 360 degrees forward and in reverse, independent of the main chassis. Throughout the day, Rogers was allowed to go on rides after an attendant deemed he was able to independently transfer from his wheelchair to the ride and was able to utilize the ride restraint system. When he approached X2, an attendant again deemed that Rogers was allowed to go on the ride. However, while on X2, Rogers’ legs allegedly began flailing, in which his left leg allegedly began hitting his step son seated next to him. In addition, Rogers’ right leg sustained a fractured femur, which he claimed he did not feel due to his paralysis. He ultimately developed blood clotting in his right leg and underwent an above-the-knee surgical amputation (up to the waist) two days after the park visit. Rogers sued Six Flags Magic Mountain’s operator, Six Flags Theme Parks Inc., and several other Six Flags entities, including Magic Mountain LLC, Six Flags Corp., Six Flags Entertainment Corp. and Six Flags Operations Inc. Rogers also sued the entity that re-designed and manufactured the ride in 2008, S&S Worldwide Inc., also known as S&S Power Inc.; and the original ride manufacturer, Arrow Dynamics. Rogers alleged that Six Flags was negligent for allowing him on the ride and failing warn him about the ride, and that S&S Worldwide and Arrow Dynamics defectively designed the ride and failed to warn of the possibility of injury. The ride was originally designed and manufactured as “X” by Arrow Dynamics in 2000, but the chassis was modified in 2008 by S&S Worldwide and rebranded as “X2.” However, prior to trial, it was determined that Arrow Dynamics was a defunct company, so it was ultimately dismissed from the case. Rogers claimed that the park attendant should not have allowed him to ride X2 and that the attendant failed to warn him of how the ride’s 4th Dimension aspect could pose a hazard to guests, like him, that did not have control over their lower extremities, since riders’ legs hang freely while sitting in the seat. Plaintiff’s counsel contended that Six Flags had notice of the hazard, since another paraplegic patron had sustained an injury on X2 in 2005. Counsel noted that X2 had a butterfly-type restraint system for the upper body and torso, but no restraint for the lower extremities. Thus, plaintiff’s counsel contended that S&S Worldwide defectively designed X2, in that the ride lacked leg restraints, and that the failure to provide leg restraints caused Rogers’ femur fracture and subsequent amputation. Six Flags argued that the dynamic forces of the ride complied with both industry safety standards and California Amusement Park Regulations. S&S Worldwide denied that a design defect existed with X2 and claimed that the ride was safe for a paraplegic to ride. It also claimed that leg restraints would not have been a safer alternative. Furthermore, S&S Worldwide claimed it did not modify the seats or restraint system for the ride from what was originally designed by Arrow Dynamics and that it had no notice of any prior problems with paraplegics riding X2. In addition, it claimed that about 200 disabled patrons had been able to ride X2 each year without injury prior to the subject incident. Counsel for both Six Flags and S&S Worldwide argued that Rogers was fully at fault for the accident. They contended that Rogers failed to notify ride attendants about his other pre-existing prior to boarding rides on the subject date and that Rogers was responsible for knowing what rides he could go on based upon the informational signs that were posted at the rides, which Rogers admittedly did not read. Defense counsel also contended that after exiting X2, Rogers did not notify anyone at the park that his legs had been allegedly flailing on the ride or that he was concerned he may have been injured., Rogers claimed he noticed his right leg was turning purple subsequent to his day at Magic Mountain. He subsequently went to an emergency room and was diagnosed with a fractured femur. He also developed blood clots due to the trauma to the femoral artery in the area of the femur fracture. As a result, Rogers underwent a surgical amputation of his right leg, above the knee and up to his waist, which was performed two days after the alleged accident. Rogers claimed he now has a disfigurement and can no longer do many activities of daily life due to new issues with transfer and balance. As a result, the plaintiff’s life care planning expert opined that Rogers would require $504,000 in future medical care and life-care costs. Thus, Rogers sought recovery of $504,000 in future medical expenses and $3 million in damages for his past and future pain and suffering. Defense counsel did not dispute Rogers’ femur fracture, but disputed causation for his surgical amputation. The defense’s expert vascular surgeon testified that the need for an amputation was caused by “diffuse” blood clotting in the entire hip area. However, the expert opined that the clotting was not isolated to a small area where the trauma occurred. Defense counsel contended that Rogers had a history of blood clots and that Rogers had been taken off his blood-thinning medication just one week before his visit to Magic Mountain. Counsel also contended that Rogers failed to notify ride attendants about his blood clots or other pre-existing prior to boarding rides on the subject date. Defense counsel further presented evidence that the future costs presented by the plaintiff’s vocation rehabilitation expert were needed as a result of Rogers’ pre-existing paraplegic condition, and not due to the leg amputation.