Family of boy killed on water slide reaches settlement with park owner

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OLATHE, Kansas (WDAF) -- The family of Caleb Schwab, killed August 7, 2016, at Schlitterbahn Waterpark while riding the Verruckt waterslide, has reached a settlement with KC Waterpark Management LLC and Zebec of North America, Inc., for the wrongful death of their 10-year-old son and brother.

Attorneys filed a 'petition for approval and apportionment of wrongful death and minor settlement' on Wednesday in Johnson County, Kansas court.

The petition does not specify the amount of the settlement but only indicates one has been reached between the defendants and the plaintiffs.

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Caleb Schwab and Schlitterbahn Waterpark case
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Caleb Schwab and Schlitterbahn Waterpark case

A general view of the Verruckt waterslide at the Schlitterbahn Waterpark in Kansas City, Kansas July 8, 2014, before its scheduled opening on July 10.

(REUTERS/Dave Kaup/File Photo)

BREAKING: A settlement has been reached between the family of Caleb Schwab, the boy killed while riding Verruckt, a… https://t.co/JW7aR3Kpab

An empty raft is raised to the top for another load of riders during the public opening of the Verruckt waterslide at the Schlitterbahn Waterpark in Kansas City, Kansas July 10, 2014. The slide, at 168 feet 7 inches, is the world?s tallest waterslide according to the Guinness World Records. It has had its opening postponed three times.

(REUTERS/Dave Kaup)

Riders slide down Verruckt, the world's tallest water slide, at the Schlitterbahn Kansas City Waterpark on Wednesday, July 9, 2014 in Kansas City, Kan.

(John Sleezer/Kansas City Star/TNS via Getty Images)

Family and friends of Caleb Schwab leave Life Mission Church on Friday Aug. 12, 2016, following the funeral in Olathe, Kan. Caleb Schwab died Aug. 7th on the Verruckt water slide at the Schlitterbahn Water Park in Kansas City, Kan.

(John Sleezer/Kansas City Star/TNS via Getty Images)

People stream into the Schlitterbahn Waterpark in Kansas City, Kan., on Wednesday, Aug. 10, 2016, as it re-opens three days after a 10-year-old boy died on the park's most noted attraction, the 17-story Verruckt slide.

(Keith Myers/Kansas City Star/TNS via Getty Images)

Riders make their way up the hump after coming down Verruckt, the world's tallest water slide, at the Schlitterbahn Kansas City Waterpark on Wednesday, July 9, 2014 in Kansas City, Kan.

(John Sleezer/Kansas City Star/TNS via Getty Images)

Riders take the plunge as an empty raft is lifted back to the top during the public opening of the Verruckt water slide at the Schlitterbahn Waterpark in Kansas City, Kansas July 10, 2014. The slide, at 168 feet 7 inches, is the world?s tallest waterslide according to the Guinness World Records. It has had its opening postponed three times.

(REUTERS/Dave Kaup)

Workers scrub the Varruckt waterslide on Wednesday, Aug. 10, 2016, at the Schlitterbahn Waterpark in Kansas City, Kan.

(Keith Myers/Kansas City Star/TNS via Getty Images)

A worker takes down netting from the Varruckt waterslide on Tuesday, Aug. 9, 2016, at the Schlitterbahn Waterpark in Kansas City, Kan.

(Keith Myers/Kansas City Star/TNS via Getty Images)

Caleb Schwab died on the Verruckt water slide at the Schlitterbahn water park in Kansas City, Kan., in August 2016. Owners say the slide will be demolished after the investigation into the death of the 10-year-old is complete.

(Keith Myers/Kansas City Star/TNS via Getty Images)

People watch as riders approach the second stage of the Verruckt waterslide during its public opening at the Schlitterbahn Waterpark in Kansas City, Kansas July 10, 2014. The slide, at 168 feet 7 inches, is the world?s tallest waterslide according to the Guinness World Records. It has had its opening postponed three times.

(REUTERS/Dave Kaup)

Lifeguards prepare to unload riders during the public opening of the Verruckt waterslide at the Schlitterbahn Waterpark in Kansas City, Kansas July 10, 2014. The slide, at 168 feet 7 inches, is the world?s tallest waterslide according to the Guinness World Records. It has had its opening postponed three times.

(REUTERS/Dave Kaup)

The family of Caleb Schwab leave Life Mission Church on Friday Aug. 12, 2016, following the funeral in Olathe, Kan. Caleb Schwab died Aug. 7th on the Verruckt water slide at the Schlitterbahn Water Park in Kansas City, Kan.

(John Sleezer/Kansas City Star/TNS via Getty Images)

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The wrongful death settlement was filed on behalf of Scott Schwab and Michele Schwab, Caleb's father and mother, Nathan Schwab, Alexander Schwab and Isaac Schwab, Caleb's brothers. Caleb was the second son of the Schwabs, with one older brother and two younger.

On Monday, Rep. Scott Schwab was sworn in to the Kansas legislature. The Republican from the Kansas City suburb of Olathe told lawmakers to "let it go" when their bills die or amendments fail. He says, "Life isn't worth wasting too much emotional energy on such things." He added that "it could get worse."

Caleb was riding the slide with two adult women, with whom he was matched on the raft. The women are from north of Hays, Kan. One suffered a broken jaw, and the other a broken bone in her face and had to have stitches in her eye.

At the time of Caleb's death, the slide was in compliance with Kansas' legal requirements for amusements rides, which mostly involve proper record-keeping. State law mandates that parks annually "self-inspect" their rides and maintain the records.

Schlitterbahn announced in November that Verrückt will be torn down once a court grants it permission following the investigation. The water park also says it will announce what will be built in Verrückt's place at a later date.

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