PHILADELPHIA – Six Flags Theme Parks is objecting on a number of fronts to a negligence suit filed against it, in response to a slip-and-fall accident from 2013.
Attorney Heather M. Eichenbaum filed a motion for preliminary objections on Aug. 28 in a lawsuit filed by Catherine and Robert Bentz of Wilmington, Del.
The Bentzes filed the litigation against Six Flags Entertainment Corp. and Six Flags Theme Parks of Grand Prairie, Texas; Six Flags, Inc. of New York, N.Y.; plus Six Flags Great Adventure and Six Flags Services, Inc. of Jackson, N.J.
Eichenbaum explained all of those entities, apart from those based in Jackson, have no interest in the lawsuit and should be dismissed from it – in addition to arguing that since the incident took place in New Jersey, the Philadelphia County Court of Common Pleas fully lacks jurisdiction over the case. On these same grounds, Eichenbaum alleged the case is currently in an improper venue and should be heard in New Jersey.
Also, Eichenbaum raised further objections to the “vague and ambiguous” allegations made by the plaintiffs and the inclusion of any and all references to “recklessness” in the complaint, which Eichenbaum stated were an improper attempt at eligibility for punitive damages.
A hearing in this matter was set for Wednesday in Court chambers, at Philadelphia City Hall.
On Aug. 21, 2013, Catherine and Robert Bentz were at the Six Flags Great Adventure theme park in Jackson, N.J. When Catherine was leaving the women’s restroom, she claimed park staff had cleaning carts blocking the restroom door.
When Catherine tried to step down and avoid the carts, the defendants’ failure to have signs warning people of the cleaning and/or the removal of the present safety hazard caused her to fall and injure and her shoulder, she alleges.
Catherine suffered injuries to her arms, neck and back according to the lawsuit, and underwent surgery for an implant to relieve excruciating pain in her injured shoulder. Robert is also suing for loss of consortium.
The plaintiffs are seeking, jointly and severally, damages in excess of $50,000, plus fees, costs, expenditures, interest and other relief in this case.
The plaintiffs are represented by Robert J. Birch in Blue Bell.
The defendants are represented by Eichenbaum, of Spector, Gadon & Rosen, in Philadelphia.
Philadelphia County Court of Common Pleas case 150703830
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com