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Iraq War Veteran Dies In New York Amusement Park Accident

In 2008, United States Army Sergeant James T. Hackemer's vehicle triggered a roadside bomb outside Baghdad. The bomb blew off both of his legs and Hackemer spent the next three years recovering at Walter Reed Army Medical Center. He came home to Gowanda last March and got busy enjoying life again, despite the challenge of his multiple amputations.

On July 8, 2011, Hackemer went to New York's Darien Lake Theme Park Resort where he and his nephew decided to go on the Ride of Steel roller coaster. Although the ride's restraints are limited to a crossbar and seatbelts - there are no shoulder harnesses - Hackemer, who was not wearing prosthetic legs, was allowed to board. Attendants made routine safety checks and started the ride.

According to the final Sheriff's Office report of the amusement park accident: "When the ride returned, passengers were screaming that a rider had fallen from one of the cars ... Witnesses on the ride all described seeing Hackemer's hat fly off his head and him reaching for it before seeing his body fly from his seat."

Sgt. Hackemer died after being thrown from the car and falling 150 feet to the ground. He was laid to rest at Arlington National Cemetery on August 16.

No Criminal Charges; Family Sues Park

The rules for the Ride of Steel were "visibly posted at the entrance and exit" according to the New York State Department of Labor, and "require that riders have both legs." The agency slapped the park with multiple violations for improperly trained operators who were unfamiliar with the ride's safety requirements, although the Genesee County Sheriff indicated that no one would face criminal charges. The ride and the restraints were working properly, he noted, but "[Hackemer] didn't have the physical attributes to hold him in."

Sgt. Hackemer's family has filed a wrongful death lawsuit against Darien Lake in Buffalo federal court. A wrongful death lawsuit is a civil suit which claims that another person (or company) is liable for a death and seeks compensation for the support the deceased would have otherwise provided the family.

Filing the lawsuit was a difficult decision because Hackemer's family is trying to stay focused on his remarkable life.

"It's going to help a little bit that he was happy," his mother told reporters. "He was doing what he wanted to do."

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Accolades & Memberships
Million Dollar Advocates Forum

David J. Hernandez is a lifetime member of the Million Dollar Advocates Forum and is a New York Super Lawyer.

Super Lawyers | 2007, 2010
Puerto Rican Bar Association | 1957HNBA | Hispanic National Bar Association

He served as the 50th President of the Puerto Rican Bar Association; the NY Hispanic Bar Task Force on Judicial Selection Committee; and the NYS Conference of Bar Leaders.

NYSTLA

He serves as a member of the Judicial Screening Committee and Committee on Character and Fitness for the Second Department; the Advisory Committee on Civil Practice to the Chief Administrative Judge; NYSBA House of Delegates and Grievance Committee of the Brooklyn Bar Association.

NYSBABrooklyn Bar Association | 1872
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En Español About David

David J. Hernandez was admitted to the practice of law in the State of New York in May 1987 and the State of New Jersey in November 1988. He is also admitted in the Eastern, Southern and Western District Courts of the State of New York; the Federal District Court of the State of New Jersey and the United States Supreme Court.

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