On Aug. 9, 2023, prior to Primordial’s opening, local technician Stephen Thorpe was working on the building’s HVAC system. While he knew about potential test runs occurring that day, the lawsuit alleges that he was never given any times.
“This accident was fully preventable,” Judson Burton, an attorney representing Thorpe, said.
Of the multiple levels inside the ride, the first floor was considered a “green zone,” court documents show. Burton says, his client’s work required him to ascend a scissor lift near the coaster’s track to reach an area of the system above the ride.
According to Burton, soon after going up in the lift, the first test vehicle came down the track, colliding with the scissor lift.
“As the roller coaster came down the track, he tried to lower the scissor lift and get out of the way, but wasn’t able to do so in time and the cart of that roller coaster clipped his scissor lift, threw it over and threw him out,” Burton said.
According to court documents, Thorpe was catapulted out of the scissor lift when it was approximately 19-20 feet high leading to injuries that caused “permanent disfigurement.”
“He’s still suffering injuries to this day,” Burton told ABC4.com, adding that Lagoon did not follow protocol of scanning the track before initiating a test run.
Thorpe’s attorneys say he was taken to McKay-Dee Hospital in Ogden where he was treated for multiple injuries including a head wound and fractures to his right hip and left knee.
Thorpe spent one month in the hospital before being sent to a physical rehabilitation center where he spent an additional three weeks.
“With the extensive injuries he had to his right hip, his right leg is a bit shorter now and he has to walk with a cane,” Burton told ABC4.com, adding that it is now very difficult to walk. “As you can imagine, as someone who is an HVAC tech, [it’s] very important for him to be mobile.”
In a filed response to the allegations, Lagoon denied several of the original suit’s claims.
Lagoon responded to the majority of Thorpe’s allegations by denying them based on a lack of information. However, the amusement park outright denied that Thorpe had been given no notice of the upcoming test run that led to the accident.
The park also denied being negligent for the incident and liable for Thorpe’s medical bills.
“[Lagoon] did not breach the applicable standard of care. No act or omission by [Lagoon]… or employee of [Lagoon] caused any alleged injury,” the response reads. “Discovery may reveal that [Thorpe’s] fault is equal to or greater than the fault of [Lagoon].”
The document further argues that Thorpe was obligated to use “reasonable care” to avoid the consequences himself, and that others may have been at fault. Lagoon said, however, that they had no duty to control the possibly responsible parties, although the document does not name who the other parties could be.
ABC4.com reached out to Lagoon Amusement Park for a direct statement. However, they did not comment on the matter, citing ongoing litigation.
Completed in 2023, the Primordial ride quickly became a popular favorite of the park’s visitors. According to Lagoon’s website, the ride has a “very high” thrill level.
Primordial was awarded the Brass Ring Award by the International Association of Amusement Parks and Attractions (IAAPA) for the best new major ride/attraction in 2024. According to the park, Primordial is an “interactive 3D” roller coaster that exhibits an original storyline with multiple endings.
“Primordial represents a giant leap forward in immersive storytelling and rider engagement,” Lagoon said after receiving the award.
The case is currently in the discovery phase and has a long road of litigation before closing.
“This is about holding [Lagoon] responsible for those errors that led to this accident,” Burton added. “He’s not out to extract the maximum that he can from them, but he does want to see a change in behavior.”
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