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Family attorney in 6-year-old's Colorado amusement park death speaks amid bankruptcy filing by Glenwood Caverns

A jury verdict finding Glenwood Caverns Adventure Park liable for the death of 6‑year‑old Wongel Estifanos was a step toward healing for her family, said Dan Caplis, the family's attorney.

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Dan Caplis, attorney for the family of Wongel Estifanos CBS

"To place such enormous value on Wongel's life meant so much to the parents," Caplis told CBS Colorado. "It's really helped them move forward."

The family filed a wrongful death lawsuit after state investigators found Wongel's seat belt had not been secured, and that multiple warning systems were ignored.

"Prior to trial, Caverns had continued to deny any fault for this," Caplis said.

The jury awarded the family more than $100 million in damages -- a judgment Caplis says sent shockwaves through the amusement park industry.

"We know for a fact that, because of the size of the verdict, it shot around the world overnight," he said. "Everybody in the industry is aware of this verdict and of the recklessness that led to it. We have every reason to believe the industry is safer because of this verdict."

The owners of Glenwood Caverns have since filed for Chapter 11 bankruptcy, saying in part that it is their best option.

"Our priority is to honor our obligations with integrity, maintain stability for our guests, employees and partners, and ensure the business remains strong to support the community we love," Glenwood Caverns said in part in a statement to CBS Colorado. 

Caplis responded, saying, "We think the parents see this as an attempt to maneuver out of their obligation here."

Caplis said what the family wants most is meaningful change. He said they offered to accept a fraction of the judgment if the park would agree to criminal background checks and drug testing for ride operators.

"They want this verdict to make Caverns better and safer -- everything it should be -- and they offered a proposal that would have allowed that," Caplis said.

CBS Colorado has reached out to Glenwood Caverns Adventure Park for comment about its policies regarding ride operator criminal background checks and drug testing and so far hasn't heard back.

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