A lawyer representing the family of Rosa Esparza claims that Six Flags Over Texas had a test seat in their possession at the time of Esparza’s death, despite it not being implemented until after the tragic accident, according to NBC DFW. In fact, the family’s lawyer said that the German maker of the Texas Giant roller coaster, from which Esparza fell to her death, Gerstlauer, delivered the test seat to Six Flags in 2010. It wasn’t until after the fatality that Six Flags brought the seat out from storage, in addition to new seat belts and restraint bars, which the Esparza’s lawyer claimed was meant to look like a new safety measure. The trial against Six Flags and Gerstlauer, set to take place next year, has left all parties shifting blame from one another for Esparza’s death.

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