Spartanburg’s Cleveland Park Children’s Train Accident Raises Questions on the State’s Tort Claims Act

We all remember the tragic accident that took 6-year-old Benjamin Samuel Easler’s life and injured 28 other people. Benjamin’s father is now speaking out against the South Carolina’s Tort Claims Act that restricts settlement amounts.

On March 19, 2011, the children’s miniature train at Cleveland Park derailed and overturned. Many injured victims were taken to Spartanburg Regional Hospital and Mary Black Memorial Hospital. Two others were airlifted to Greenville Hospital.

During an investigation into the story WSPA uncovered maintenance records for the Cleveland Park amusement train and found the following:

• Numerous examples of brake and wheel failures.

• Train made too many laps.

• Documents falsified by LLR inspector, who was terminated after the wreck.

The financial burdens of this accident continue to weigh heavily on the victims and their families. The settlement amount totals $600,000 for all of those involved, which divides up to be around $11,000 each. Parents say that amount is not nearly enough to pay for their healthcare expenses.

Dwight Easler, father of Benjamin and Pastor at Corinth Baptist Church in Gaffney, has written an open letter to voice his criticisms and concerns.

Dwight Ealser’s letter:

Harvey Peeler said the best thing to do about the train accident was to not let it go away so here we go.

 

I have learned much in the past 9 months about politicians and how they try to protect their political hide. The smoke and mirrors campaign of the state of South Carolina and the County of Spartanburg is borderline political scandal. While the county council launches investigations and firings of seemingly political “scape goats” they conveniently ignore the atrocity of what has transpired since March 19th. This is not a GREAT day in South Carolina when there are 28 people still getting medical bills for an incident they had no fault in causing. Now 9 months later, the Herald Journal titles a recent article “No Place to Play”, as if Spartanburg County is some how strapped for cash in fixing Cleveland Park because of all of these victims wanting a pay day. The “Gaffney Boy” as referenced by the Herald Journal just 9 months after the accident is my son, Benji. He died of massive trauma on a kiddie train ride that was traveling over 20 MPH into a curve. Why on earth would anyone who suffered like the 28 people on that train, ever support the park being renovated or reopened as long as we have unpaid medical bills that total millions of dollars?

 

The county and state have decided that they will wait us out and throw us $600,000 (about $11,000 per person) with a “That is all we can do attitude.” Benji’s medical expenses were more than $11,000 and he was in cardiac arrest on arrival. They tell us that they are going to “assist victims” as long as we will accept what they want to give us and sign that we will not bring lawsuits against them. It is starting to feel like we are being betrayed with a kiss from Judas. People who will smile and even give you hugs in front of cameras but will hide behind lawyers and press conferences when it gets down to really helping people. I grew up in Spartanburg, South Carolina and still live only a few minutes from there. If I have to spend the next decade fighting a ridiculous legal battle for justice while my grieving wife lives with the pain of the incident over and over, I promise you I will no longer be proud of where I am from. It is not a great day in South Carolina when politicians can allow people to be mangled and killed on the property they are responsible for and then wash their hands of it with a legal cap that they know is not right or fair. I have called politicians and emailed them all the way to the national level to avoid litigation. If I hear, “We have to do what is within our legal limits” one more time I will vomit. No, you can exceed your legal responsibility and take care of the people injured on your property. Where are the courageous politicians who will tell their lawyers and administrators to take a hike if they are not willing to help citizens who have suffered because of failures of government entities?

 

I am trusting the Lord to continue to care for us but I am also trusting the Lord to bring about a just resolution. My family is blessed and we have been given grace but that does not erase the fact that this problem is being punted down the road so that the citizens of Spartanburg County and the State of South Carolina will be snowballed into thinking this is over.

 

Dr. Dwight Easler

Laws restricting settlement amounts remain controversial. Where do you stand?

If you have lost a loved one due to the negligent acts of another, you need to seek the legal advice of a South Carolina wrongful death lawyer. The attorneys at Harris and Graves have over 30 years of experience representing grieving families. They will protect your rights and pursue every legal means to get you the financial compensation you deserve for your loss.

If you would like more information about filing a wrongful death lawsuit or personal injury claim in Spartanburg, Greenville, Columbia, Anderson, Rock Hill, Orangeburg, Sumter, Florence, Conway, Myrtle Beach, or any surrounding South Carolina area, contact Harris and Graves today.

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