ARLINGTON A motion filed by lawyers representing the family of Rosa Esparza claims a Six Flags employee who checked the 52-year-old woman's restraints the night she was thrown from the Texas Giant was on his fourth day on the job.
'Like any other amusement park patron, Rosa Esparza trusted that Six Flags and its employees would do their jobs,' according to the legal document. 'That trust was broken when an inexperienced ride attendant on his fourth day on the job failed to properly position her lap bar.'
The motion said the employee was the same person who located Esparza's bodyafter she was thrown from her car on July 19, 2013.
Lawyers said the panel operator, described as 'an experienced ride operator,' admitted she was concerned Esparza wasn't secured properly before the train took off, which would violate the park's 'If-In-Doubt' policy.
'This lap bar was not placed properly, she didn't think, when it left the station?' attorney Frank Branson asked during the deposition of the employee who checked Esparza's restraints.
'I mean, that's her that's her statement to say whatever she wants,' he responded.
'Did you ever respond to her and say, 'Look, I think you are wrong, it was'?' the lawyer asked.
'No, because I in my head, I know I am right,' he responded. 'It was secured. She was in shock, and she's allowed to rationalize things however she wants to rationalize things.'
The motion also alleges lawyers representing the park attempted to coach the witness and urged him not to answer questions during a deposition.
'Six Flags is more concerned that its inexperienced ride attendant who they never reprimanded and have since promoted to operate a different high-risk ride is emotionally distressed and 'still upset about being shown [scene] photographs,'' the motion read.
Lawyers claim Six Flags failed to meet deposition requests ever since the lawsuit was filed against the park on Sept. 10, 2013. According to the motion, lawyers made requests three times before the park produced a witness on Dec. 12, 2013.
'Despite having more than three weeks to schedule two depositions (out of four specifically requested), Six Flags dragged their feet and managed to produce only one witness on December 12,' the motion read.
The motion was filed in response to a protective order requested by the park. Lawyers for the park requested photographs taken of Esparza's body not be shown.
Representing the family, Chip Booker requested the park pay $5,000 to the family for the cost of lawyers responding to the protective order.
Booker, of the Frank Branson law firm, told News 8 on Tuesday that they wouldn't comment beyond the motion itself.
Six Flags said it had no comment.