Chavez v. Cedar Fair, LP
Annotate this CaseTwelve-year-old Jessica Chavez filed a negligence suit against Cedar Fair, LP after she was injured on a ride at Oceans of Fun Water Park. Cedar Fair owned and operated the water park. The jury returned a verdict in favor of Chavez. Cedar Fair appealed, asserting, among other things, that the trial court erred in submitting a jury instruction that defined “negligence” as the failure to use the “highest degree of care.” The Supreme Court reversed, holding that the trial court erred in instructing the jury that Cedar Fair’s liability should be assessed using the highest degree of care standard for negligence rather than the ordinary degree of care standard.
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