Harvey ex rel. Bates v. T.H.E. Insurance

h SAUNDERS, Judge.

This matter arises from an accident wherein fourteen-year-old Veda Harvey was thrown from a carnival ride, the Swinger, at the October 1997 Swine Festival in Basile, Louisiana. The young girl suffered several injuries and ultimately lost one kidney. Suit was brought and a bench trial was had which resulted in the trial judge’s conclusion that the ride owner, D’Heilly & Sons, and the Swinger operator, Jerry Lynn Lightfoot, were not at fault. We affirm as amended in part, reverse in part, and render.

FACTS

On October 31, 1997, at the Swine Festival in Basile, Louisiana, Veda…