Proposed penalties in North Carolina State Fair accident announced


On Oct. 24, 2013, a ride called the Vortex stopped and, as people were getting off, it jerked back into motion sending some falling 20 feet onto the ride's metal platform.

The ride's operator, Tim Tutterrow, was arrested after Wake County Sheriff's detectives concluded that he tampered with safety features.

Like Tutterrow, the ride's owner, Josh Macaroni, was later charged with three counts of assault with a deadly weapon.

The four people who claim they were injured in the accident, filed a $150 million lawsuit earlier this month in Durham County.

On Wednesday, the Labor Department announced that it cited both Family Attractions Amusement, LLC -- which is owned by Macaroni's parents, Dominic and Ruby Macaroni -- and Macaroni for two alleged willful violations of the Occupational Safety and Health Act of North Carolina that total $56,000.

Click here to see the Labor Department's full report.

A willful violation is cited under the North Carolina OSH Act, which states the evidence shows that the employer committed an intentional and knowing violation of the act.

They have 15 days to request an informal conference with the Labor Department, to file a notice of contest with the Occupational Safety and Health Review Commission of North Carolina (an independent board appointed by the governor to hear appeals of OSH citations), or to pay the penalty.

The Elevator and Amusement Device Bureau also issued Notifications of Final Penalty to Family Attractions, Macaroni, Tutterrow, and another operator, Omar Toranzo.

The Labor Department cited Family Attractions $900, Macaroni $600, and Tutterrow and Toranzo $350 each for various violations for the issuance of civil penalties under the Amusement Device Safety Act of North Carolina.

Earlier this year, the ABC11 I-Team uncovered maintenance records that revealed red flags as early as Oct. 21. The report indicated problems with a sticking solenoid cylinder on the ride's lap bars, which caused a fault signal.

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