Family of 10-Y-O Christian Boy Decapitated on Kansas Water Slide Settles With Park
The family of Caleb Schwab, who died at the Schlitterbahn water park in Kansas City last summer while riding the Verrückt, known as the world's tallest water slide, reached a civil settlement Wednesday with the park's owner and manufacturer of the raft he was riding in the day he died.
The boy's father, Christian Republican Kansas state Rep. Scott Schwab, his mother and surviving siblings filed a petition in Johnson County District Court asking the court to approve a wrongful death settlement with the parties, according to The Kansas City Star.
District Judge Thomas Sutherland approved the settlement after a brief hearing but the terms of the settlement were not made public. The judge, however, said he felt it was "fair, reasonable, valid, just and equitable," and was "in the best interests of all plaintiffs," including Caleb's siblings.
"In the near future we will be allowed to disclose further specifics regarding the settlement," Michael Rader, an attorney for the Schwab family, told the Star.
Under the agreement the Schwab family can now pursue claims against other "potentially culpable and liable parties," according to the Star, which could possibly include claims against the designer and builder of the slide.
"The Schwab family remains determined to hold all those responsible for this tragedy accountable, while doing all they can to ensure this never happens again to another family," Rader said.
Information released by police in Kansas City said Caleb, who was described as a faithful Christian and athlete, suffered a "fatal neck injury" while riding the Verrückt last August. He was found dead in a pool at the bottom of the slide and police confirmed with People magazine that the boy was decapitated.
Eyewitness Esteban Castaneda told ABC News that the scene at the park after Caleb's death was horrific. He recalled first hearing booms coming from the area of the slide where the accident occurred, and then saw a body wash down directly after a raft did.
He said once that happened a lifeguard pushed the crowd back from the slide and tried to help because he thought someone was lying face down in the pool. Castaneda said the lifeguard told him there was nothing he could do to help and that's when he noticed what appeared to be the decapitated boy.
An investigation by the Kansas City, Kansas, police to determine if there was any criminal wrongdoing has been completed and is now being reviewed by the Kansas Attorney General's Office.
Schlitterbahn had announced in November that it would permanently close the Verrückt.
Winter Prosapio, a spokeswoman for Schlitterbahn Waterparks and Resorts assured The Associated Press Wednesday that the park's owners plan to follow through on permanently removing the slide from its 168-foot tower.
"We'll have an announcement in the future about what will go in its place," Prosapio said. "We are very anxious to take it down, and hopefully this (development Wednesday) will be another step in that direction."
An attorney for two women injured along with Caleb during the ill-fated ride last Aug. 7 told the AP that Wednesday's action does not resolve any potential liabilities against the park's operators by his clients.