BRANSON, Mo. — The ride operator in charge of checking seat belts may have been under the influence of marijuana at the time two women sustained life-threatening injuries on the Shepherd of the Hills Copperhead Mountain Coaster in Branson, according to new findings obtained by KOLR 10 Investigates.
Two injured after falling off mountain coaster at Shepherd of the Hills
Records from the Missouri Division of Fire Safety’s Amusement Ride Safety Unit show there was a last-minute staff switch the night that two women from Texas fell off, broke their necks, and underwent life-saving surgeries.
Federal lawsuit filed
Kinda Renfro and Debra Rhodes are suing Shepherd of the Hills for $50 million claiming the company put their lives at risk the night of Nov. 1, 2024.
Two women injured on Shepherd of the Hills ride file federal lawsuit
Photos from the state’s incident report indicate the two 54-year-old women fell out of the Copperhead Mountain Coaster in Branson shortly after taking off.
A federal lawsuit claims they each suffered head injuries, brain bleeds, spinal injuries, and broken bones.
Investigation findings
KOLR 10 Investigates obtained the complete investigation revealing brand new information about the employees responsible for the riders’ safety that night:
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The 26-year-old operator typically worked the ropes course but had switched spots with a coworker to cover the mountain coaster on the night of the accident.
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Training records show he was unfamiliar with the ride and had a lack of training on its safety systems.
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The employee told state investigators he visually checked the seatbelts but did not pull on the seatbelts before sending the cart out.
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The operator took a drug test at Cox Health Lab the day after on Nov. 2, 2024. Results show he may have been under the influence of THC at the time of the incident.
Marijuana in the workplace
“Being under the influence at work in a way that impairs your job duties, that can be a terminable offense,” said Sarah Mullen, a member at Lewis Rice law firm in St. Louis. “However, the problem presents that the marijuana testing tech has not caught up with what employers need to show whether or not the employee is under the influence at work. The positive test itself does not indicate immediate impairment.”
Mullen and her colleagues have researched the impact of Missouri’s marijuana legalization on employers. As the lawsuit plays out in federal court, Mullen suspects the positive drug test will be a topic of discussion.
“I’m certainly not a representative or a party to the litigation but I would imagine that the plaintiff’s counsel will point to it as evidence of impairment and then the counsel for the employer is probably going to say well no the positive test isn’t that precise,” said Mullen.
Ultimately the investigation found the cause of the women’s injuries can’t be determined because there was no video surveillance.
It also stated Renfro and Rhodes may have violated the ride’s rules by using their phones while on board.
Changes mandated for the Copperhead Mountain Coaster
According to the state, in order for the ride to be approved to resume operations, DFS’s Amusement Ride Safety Unit on Nov. 12, 2024, required the following actions to take place:
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Cameras are to be installed as required by the ride manufacture
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All ride operators are to be trained per the ride manufacture sections 3.7, 3.8, and 3.9
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The E-stop at the bottom of the track observation station is to be located within reach of the operator
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Passenger/Rider Responsibility Rules of conduct must be posted
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Conduct and document monthly, yearly, and half-yearly inspections
A spokesperson told KOLR 10 Investigates the Amusement Ride Safety Unit conducted a spot inspection of the Copperhead Mountain Coaster on Nov. 25, 2024 and approved it to resume operating.
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