ALTOONA, Iowa — Editor's note: The above video is from February 6, 2023.
The lawsuit against Adventureland over the death of 11-year-old Michael Jaramillo is being moved to the Iowa District Court for Scott County after Adventureland's attorneys claimed media coverage caused bias in potential jurors in Polk County during a September hearing.
Coverage of the July 2021 accident on the Raging River ride included more than 40 newspaper articles and more than 50 TV news segments in central Iowa, in addition to national coverage, according to the court document. More than two years later, stories following the lawsuit by Jaramillo's family continue to be published, which Adventureland attorneys claim paints the theme park in a negative light.
The court decision included an analysis of previous change of venue requests, stating that potential jurors knowing about the incident was not grounds for the lawsuit to move. However, the court determined central Iowa coverage "rises to the level of severity such that prejudice must be presumed."
The decision cites articles by the Associated Press, the Des Moines Register and other outlets as "highly prejudicial to Adventureland because the coverage implies their liability without a trial." These articles include interviews with the Jaramillo family and claims made by their lawsuit.
Iowa Congresswoman Cindy Axne's 2022 attack ad against Republican candidate Zach Nunn also concerned the court. The ad claimed Zach Nunn took money from Adventureland CEO Michael Krantz, saying Nunn was putting wealth over Iowa families.
Since the ad only aired in Axne's district, which includes Polk County, a change of venue could alleviate the court's concern about prejudice.
The court also cites an article by Local 5 in Des Moines covering the death of a 20-year-old contractor after he fell on ice while working at Adventureland as part of the media's continuing coverage of the theme park.
The next court date has not been publicized.
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