PITTSBURGH — A husband and wife are suing the United States of America, citing alleged failure to warn, insufficient measures taken to prevent injuries and negligence at an Air Force recruiting event.
Marianne Marks and Jeffrey Marks filed a complaint on April 18 in the U.S. District Court for the Western District of Pennsylvania against the defendant, alleging a failure to provide safety as required by law.
According to the complaint, the plaintiffs allege that on Sept. 6, 2014, they were at the Hempfield Community Days, patronizing the demonstration, and rode the gyroscope, a ride consisting of multiple concentric rings that rotated on different axis points.
Marianne was seated on the passenger seat with no safety strap, and as the gyroscope was in motion, her left arm was caught between two of the gyroscope's rotating concentric rings, causing her forearm to break in half, the suit alleges.
As a direct and proximate result of the defendant's negligence, she suffered severe fractured bones, shock, severe injuries, pain, mental anguish and loss of income and has incurred medical expenses, the suit alleges.
The plaintiffs hold the United States of America responsible because the defendant allegedly failed to properly maintain its gyroscope machine, failed to perform a safety inspection, allowed an unreasonably dangerous condition, failed to warn of the dangerous situation and failed to properly instruct its patrons,.
The plaintiffs request a trial by jury and seek judgment against the defendant in a sum exceeding any applicable jurisdictional amount. They are represented by Ned J. Nakles, Jr. of Nakles and Nakles in Latrobe.
U.S. District Court for the Western District of Pennsylvania Case number 2:16-cv-00458