The company is owned by Harry Mason
, who is faulted by investigators for operating the ride with significant maintenance deficiencies.
Twenty-one riders were injured when the ride suddenly collapsed.
Furthermore, Mr. Mason
, as a ride owner, failed to become familiar enough with the YO-YO
attraction to establish, implement and document a comnprehensive safety program of inspection and repair in accordance with Chance specifications and applicable Title 8 regulations, in order to safely operate the YO-YO.
Records supplied by Mr. Mason
did not indicate that this re-build had been performed.
Midway of Fun's Owner/Operator (Mr. Mason) did not read and become familiar with all of the YO-YO ride's instructions and specifications when he received the attraction and, as a result, failed to implement a program of maintenance based on the manufacturer's recommendations.
Furthermore, the maintenance program in place was not maintained.
Had Midway of Fun's
maintenance program been sufficient, the YO-YO
would have been inspected and maintained to conform to all of Chance's specifications.
On inspection that would have been performed was the inspection called for by CRM Bulletin B#376CRM146-A, dated March 21, 2006.
That bulletin advised all owners immediately and annually thereafter to inspect the sweep lift cylinder bearing assembly and its connection to the sweep lift cylinder rod to ensure that the parts are functioning properly and that the lock nut connection is secure.
According to Mr. Mason
, this inspection was never performed while Midway of Fun
operated YO-YO C#3041.
If the inspection had been performed as called for by the bulletin, it is possible that the loosening of the lock nut would have been detected before it led to the lock nut spinning completely off the assembly.
had previously worked with and operated another YO-YO attraction (C#17371) for Midway of Fun in 2001 at the Sacramento County Fair, and was familiar with YO-YOs enough to have known that a 5-year re-build was required.
In 2001, while inspecting YO-YO C#17371, the Division discovered that the YO-YO's hydraulic cylinder 5-year certification had expired.
was instructed to correct the situation and was instrumental in calling Chance to receive a one time extension, for a short number of days, to operate before sending the cylinder back for its re-build.
The manufacturer of this attraction does not have a record of any inquiries or requests from Midway of Fun
for updated operating manuals, attraction bulletins, or maintenance records.
... The Owner/Operator, Harry Mason
of Midway of Fun, failed to ensure that his
YO-YO attraction was safe to operate when he
first received the attraction.
As a result, he
operated an attraction that did not have all of the required inspections, certifications, and documentation in place to ensure its safe operation.