Case Explained: MICHAEL KALOS Plaintiff – v. CEDAR FAIR SOUTHWEST, INC., d/b/a Carowinds; CRAIG KENNINGTON; TIM BENZ Defendant –

Court: United States Court of Appeals for the Fourth Circuit Filed: 2026-06-23 The Fourth Circuit affirmed the district court’s grant of summary judgment in favor of the defendants on Michael Kalos’ negligence claim arising from an injury sustained during a visual inspection of an amusement park ride. Applying South Carolina law, the court held that the defendants owed no legally recognized duty to Kalos because his conduct—physically touching the moving wire rope during a “visual inspection”—fell well outside the scope of the contracted work and was not foreseeable to the defendants, who believed the inspection would be purely visual. Furthermore, the court agreed with the district court’s determination that the defendants’ alleged failures regarding OSHA regulations, safety protocols, warnings, and ride operating speed did not constitute the proximate cause of Kalos’ injuries, as he failed to present evidence demonstrating that these alleged omissions actually resulted in his harm or that alternative measures would have prevented the accident. Consequently, the judgment entered by the district court remains in effect, and Kalos is barred from recovering damages for his injuries under this negligence theory. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.