Carnival Fatality Investigations by Steve Jr.

Early last year, I wrote about the unexplained death of Monique Mendoza, a 22-year-old Arizona woman who lost consciousness and died while riding a Wisdom Sizzler owned and operated by Steve Broetsky's carnival Frazier Shows. According to the police report, the ride owner's son, Steve Jr., inspected the ride following the woman's death and cleared it to reopen 45 minutes later. The Prescott Valley police had witness testimony and video tapes pointing to a possible over-speed problem, but lacked legal authority to order the ride closed pending an independent public safety inspection. The ride owner's son assured police that his 45-minute look-see showed the ride to be operating within approved tolerances.

By allowing his own son to clear the ride, Mr. Broetsky acted in compliance with all federal, state, and local laws. Arizona does not regulate the safety of amusement rides. Lt. Janik of the Prescott Valley Police Department spent four hours looking for a public safety agency he could turn the case over to. In that time, he found two agencies that would've taken jurisdiction immediately if the dead person had been a carnival employee. No government agency in Arizona was empowered to protect paying customers. Congressman Markey requested intervention by the Consumer Product Safety Commission, but his request was denied.

Steve Jr. is 23 years old and has a NAARSO Level I certification.  That means he correctly answered at least 112 of 150 questions covering general interest (ability to read and understand instructions, basic math, measurement systems, etc.) and basic amusement ride safety concepts. NAARSO level I certification is analogous to Red Cross life saving training. Basic lifesaving is a great starting point when training lifeguards, but if somebody dies at a commerical water park, you wouldn't want the public safety investigation carried out by the owner's son who's taken a CPR course. And no matter how high the kid scored on his CPR test, you really don't want the owner's son to be the sole technical investigator in two unexplained fatalities on the same piece of equipment.

Yet that is exactly what happened last Saturday evening in Durango, Colorado after 14-year-old April Benally was removed unconscious from Mr. Broetsky's Sizzler at the Durango Fiesta Days carnival. She died a short time later at Mercy Hospital. Steve Jr. put his NAARSO Level I certification to use again, inspecting his dad's Sizzler so it could re-open before close of business that night. Local paramedics assisted in a speedy re-opening by clearing the body within 12 minutes of the first emergency call. Commenting on the quick response, Mr. Broetsky told the press, "I have nothing but accolades for the authorities out here."

The coroner's report is pending on the second fatality. The findings in the death 18 months ago were inconclusive. The coroner found "very few disease processes" and surmised that the most probable cause of death was acute cardiac arrhythmia. The coroner noted that Monique Mendoza had given birth three months prior to riding the Sizzler. "One could reasonably imply that the decedant MAY have had relative iron deficient anemia secondary to that pregnancy. There may also have been lingering fluid redistributions associated with her post partum state such that the centrifugal forces produced during the ride may have altered blood flow to the brain. All of these ride-related physiologic changes are speculative at best and clearly not proven."

Colorado's amusement ride regulations do not require immediate reporting of deaths or injuries, and the state does not have a ride inspection or accident investigation program. Ride owners must register with the state, insure the ride, and show that it's been inspected by a NAARSO-certified inspector -- that's right, Steve Jr.

The Colorado Dept. of Oil and Public Safety is looking into last Saturday's fatality. According to their spokesman, the agency told Mr. Broetsky that he had to get the ride re-inspected before Frazier Shows plays its next carnival in Colorado. According to state law, the requirement could be satisfied by submitting another certification signed off by Steve Jr. I explained the situation to the Dept. of Oil and Public Safety. Colorado law does allow the state to inspect the ride, and I hope the regulating agency will consider bringing in an impartial expert with a bit more experience under his belt than 23-year-old Steve Jr. -- perhaps even someone with expertise in amusement ride biodynamics.

At the request of Representatives Markey (D-Mass.) and Salazar (D-Colo.), the Consumer Product Safety Commission is investigating last Saturday's death, although it isn't clear whether the Commission will actually inspect the ride or simply review reports from state and local authorities.

In the meantime, Mr. Broetsky and his Sizzler have left Durango for parts unknown. Here are the words I used to conclude my brief mention of the death in 2003:

Despite police videotapes indicating that the ride may have been spinning significantly faster than recommended by the manufacturer, no agency had authority to conduct a technical investigation or shut down the ride pending proof that it was operating safely. Lt. Janik from the Prescott Valley Police Department said that he heard the carnival owner had eventually "gotten rid of the ride". There's no way of knowing where it is now. Or how fast it's spinning. Or whose child will climb on board next. Maybe yours?

Fourteen-year-old April Benally climbed on board last Saturday night and the script replayed once again. The eerie repetition got me wondering how far Frazier Shows could travel in the mountain states without hitting a state that mandates government-led accident investigations for thrill ride fatalities. The map below summarizes the results of that survey.

• Arizona, Utah, Nevada, Kansas, Wyoming, Montana, and the Dakotas have no state safety laws regulating operation of thrill rides. 
• The remaining states colored in red have industry-friendly ride safety laws that would allow Steve Jr. to inspect his own father's rides, and would allow Mr. Broetsky's son and/or his insurance carrier to perform the accident investigation following the death of his own customer.

Mr. Broetsky's Sizzler may be whirling at a safe rate of speed, or it may not be. The deaths of the two young women in Arizona and Colorado may be related to the ride, or they may not be. The deaths may point to some obscure product safety interaction related to a physical or medical condition and the type/magnitude of motion induced by the ride, or they may simply be an awful coincidence.

Regardless, there is something shameful in a system that allows people's children to die like this on whirling industrial machinery without even the semblance of an ethical public safety response -- all in the name of commerce.

Cruzita Mendoza, the mother of the 22-year-old woman who died on Mr. Broetsky's Sizzler eighteen months ago, is fierce and funny and filled with a remarkable faith in God. Cruzita took her family to the carnival the day after Halloween, 2003. She brought home her daughter's dead body and assumed custody of her 3-month-old grandchild. According to Cruzita, Mr. Broetsky never called, never sent a condolence card. Neither did Steve Jr. or anyone else associated with the carnival.

I've seen tragedies like this destroy mothers. Yet when I called Cruzita last week to tell her about the death of the girl in Durango, she told me that she thanks God in her prayers every day for giving her 22 years with Monique and for allowing her child to die in her arms. She also prays daily for Mr. Broetsky, that he will remember Monique. I think perhaps Cruzita's prayers were answered in the saddest of ways, and I hope that positive change will come of this second tragedy. 

Epilogue ...