Jessica Chavez v. Cedar Fair, LP

Twelve-year-old Jessica Chavez sustained injuries on a ride at Oceans of Fun Water Park and filed a suit for negligence against Cedar Fair, LP, which owns and operates Oceans of Fun. Following a jury trial, judgment was entered in favor of Ms. Chavez. On appeal from that judgment, Cedar Fair claims the trial court erred in instructing the jury that its liability should be assessed using the highest degree of care standard for negligence, rather than the ordinary degree of care standard. Cedar Fair also claims the trial court erred when it refused to submit its proffered comparative fault…