Thread: Language barrier may have contributed to Easter Sunday trage

Boy dies after carnival accident

Language barrier may have contributed to Easter Sunday tragedy
Jim Williamson - Texarkana Gazette


and By BRANDY S. CHEWNING
Texarkana Gazette HOPE, Ark. A 7-year-old Hope boy died after falling from a carnival ride Easter Sunday, prompting an investigation by the Arkansas Department of Labor Amusement Ride Division. Marcial Alvarado Jr. died about 7:30 p.m. Monday at Arkansas Childrens Hospital in Little Rock, said a hospital spokesman. An autopsy was scheduled to determine the cause of death, authorities said. Marcial reportedly suffered head trauma after falling from the ride called the ‘Sizzler just before 5 p.m. Sunday. Hope police received the first call of an accident at the carnival at 5:04 p.m. The ride was part of a carnival on the parking lot of Expo Center, 1300 Hervey St. in Hope, south of Interstate 30.

Marcial was riding the Sizzler with his mother, Marisol Mendoza of Hope. A failure to communicate may have contributed to the accident, said Eddie Garcia, editor of the Spanish-language newspaper Amigo. Garcia was attending the carnival. Garcia said he spoke to the boys family members after the child was taken by LifeNet helicopter for medical treatment.

He said the boys mother was unable to get the attendant to understand that the safety bar across the seat of the ride was not locked into place. She was yelling in Spanish to stop the ride, Garcia said, but the attendant could not understand her. Garcia said once the attendant realized the safety bar was unlocked, he stopped the ride. While the ride was still spinning, the boy started to fall out and his mother attempted to grab him. But the child, too heavy for his mother to hang onto, fell out onto the pavement. Garcia said the boy stood up while the ride was still moving and was struck in the head. While sitting on the pavement, he was reportedly hit again.

The Arkansas Department of Labor Amusement Ride Division has been contacted to investigate the accident, said Hope Police Chief J.R. Wilson. Both entities confirmed the ride, owned by JSO Razorback Inc., was inspected prior to being set up at the Hope Expo Center. The company provided $1 million liability insurance information and confirmed the name of the ride as the Sizzler. It had also been reportedly inspected prior to use in Hope by an inspector from the companys office. ‘We will be conducting witness interviews and investigating the accident’ said Denise Oxley, chief legal counsel with the Arkansas Department of Labor.

‘We dont know how long the investigation will take. Words dont express our feelings. I cant imagine the pain the family is going through. Its horrible. Wilson said the first Hope police officers Sgt. Sandra Sundberg and Patrolman Jason Pauley arrived on the scene at 5:05 p.m. Sundberg attempted to stop the bleeding from the lacerations while Pauley, also an EMT, treated other wounds on the child until a Pafford Emergency Medical Service ambulance arrived.

Then the LifeNet helicopter was summoned. Wilson had no time for the arrival of the helicopter, and LifeNet did not return a message late Tuesday inquiring about the arrival time. Ambulance and medical crews worked to stabilize the child until the helicopter took him to CHRISTUS St. Michael Health Center. Later Sunday evening, he was transferred by helicopter to Arkansas Childrens Hospital in Little Rock.

‘The Hope Police appreciate the state police and the sheriffs department for helping us at the incident. My heart goes out to this family’ Wilson said. ‘Its a very difficult situation and our prayers are with them. Garcia, the Spanish-language newspaper editor, said he was at the carnival talking to operators about hiring the company for another carnival in the fall. After the accident, Garcia said, he went to the ride and attempted to assist the child and mother. Garcia complained about the alleged slow response time by emergency medical crews, and said it was an hour before the child was ‘airborne by the helicopter. He also said the mother was ‘on the ground 45 minutes before being assisted by a paramedic.

‘At the time the mother was being attended at the ambulance, one of the relatives of the mother a young man of 17 years was taking pictures of the scene and presumably took a picture inside of the ambulance, when a deputy from the sheriffs department took from the young mans hand the camera, claiming it to be illegal to take pictures in a private property’ Garcia stated in a press release. The 17-year-old was reportedly using a digital camera, which was later returned to him by police. Garcia reportedly told the officers on scene, ‘It was illegal to take property from the citizens like that. Garcia was arrested by an Arkansas State Police trooper and a deputy sheriff for disorderly conduct and resisting arrest.

He said he was ‘thrown to the pavement, causing bruises to his head, neck and shoulders. Garcia said he was placed in a patrol car and after about 30 minutes was taken to Hopes Medical Park Hospital, where he was treated and released. Arkansas State Police Capt. Ron Stovall, commander of the Troop G state police headquarters, said the agency is ‘assessing the incident.

‘First and foremost, our concerns are with the family. It was unfortunate that it became disorderly and a person was arrested for disorderly conduct and resisting arrest’ said Stovall. Stovall said the allegations of disorderly conduct and resisting arrest against the editor ‘will be adjudicated in court at the appropriate time. Garcia questions law enforcement at the scene.

‘I believe the boy died because of a lack of assistance. We will find out who should be held responsible and justice will prevail because of God’ said Garcia. ‘Im in the process of trying to find out if the slow response was because it was a holiday or he was an Hispanic boy. Ive been doing this job for five years and Im trying to be objective. Garcia said he does not understand why it took so long for the injured boy to be transported. ‘I know not to interfere and not to act as a threat. For them to react defensively, I dont understand’ he said. ‘The family of the child and the reporter are talking to lawyers and to seek ... liabilities’ said Garcia in his news release.

On Oct. 31, 2005, The Boston Globe reported that the Sizzler was involved in at least 10 incidents since 1991 resulting in death or injury to riders, said federal regulators. Three other people died after riding the whirling Sizzler. One suffered serious head trauma, and six suffered relatively minor injuries, according to Consumer Product Safety Commission records reported in the Globe article. Chad D. Emerson, a professor at the Jones School of Law at Faulkner University in Alabama who specializes in amusement law, said the cases do not necessarily point to a recurring problem.

He also said over the 30-year life of the popular amusement ride, possibly millions of people have taken rides on it, and 11 accidents do not point to a pattern. About 200 Sizzlers are in operation, most of them in the United States, according to the manufacturer, Wisdom Industries Ltd., based on the 2005 news story. Funeral services for the boy are at 5 p.m. Thursday at Hope Church of Christ under direction of Brazzel/Oakcrest Funeral Home. Visitation is 5 p.m. to 8 p.m. today at the funeral home.

http://www.texarkanagazette.com/news/lo ... cident.php

Ahhhhh......the "sizzler"!!! Used to love that ride back in the days when I was brave and daring!...I used to do it alone. Gee.....lost my glasses and all sorts of stuff.

This is a prime example of why there HAS to be 1 common language. You can't expect people with jobs like this to be fluent in every other language spoken here. Or to know whether or not some people use the language barrier as an excuse to sue when it's their own neglect that's the problem. I find it extreemly hard to beleive that any ambulance service would purposly arrive slow because the victim was hispanic. For all we know they could have been delayed by a "latino" procession doing the reinactment of the 10 stations along the way......lord knows it caused traffic issues here.

‘The family of the child and the reporter are talking to lawyers and to seek ... liabilities’ said Garcia in his news release.

The body of this child hasn't even been buried yet the family is already "talking to lawyers" to seek liabilities.

I hate to see a young child die but it is idiotic to think the ambulance was delayed due to the child being hispanic.
Usually when there is a delay it's due to lots of other EMS calls and once in route to a call they cannot change it to responed to a different call, there could have been traffic problems as well but the EMS agency will have all this documented.
I was responding to what I knew was going to be a bs call years ago when a call came out for a vehicle accident with citizen CPR in progress, we could have been there in a few minutes but they had to wait for another ambulance to come in, so somebody died because some druggie was coming down and crying.

family is already "talking to lawyers" to seek liabilities

Just LOVE our laws when there's a buck to gain.....darn....think loosing your kid is enough of a reason to learn the language?