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PENNSYLVANIA RECORD

Thursday, March 28, 2024

Collision on 'Nitro Racer' basis for injury claim against Seaworld

Gompers

A Philadelphia couple has filed a personal injury lawsuit against Seaworld and an amusement park operated by the recreation giant, alleging their son sustained serious physical injuries, including head trauma, after he collided with his father during a ride aboard a water slide.

Philadelphia attorneys Jeffrey R. Lessin, Mark T. Richter and Geoffrey Gompers filed the civil action Jan. 27 at the U.S. District Court for the Eastern District of Pennsylvania on behalf of Alex Romero, Sr. and Milagros DelValle, who are suing on behalf of their minor son, Alex Romero, Jr.

The defendants named in the lawsuit are Orlando-based Seaworld Park & Entertainment and Virginia-based Water Country USA.

According to the complaint, the couple traveled with their son to Water Country, located in Williamsburg, Va., on July 2, 2010 for a family outing.

While at the park, Alex Romero and his son went on an attraction called “Nitro Racer,” which is a water slide with multiple adjoining slide boards that dumps participants into a shallow water pool at the bottom of the slides.

Alex Romero, Jr. went down one slide first, and his father followed shortly thereafter on his own slide adjacent to his son’s, according to the lawsuit.

The son never made it to the splash pool, since he came to a stop on the slide prior to its termination.

The lawsuit blames an aloof park attendant for not realizing Alex Romero, Jr.’s ride had ended prematurely.

The son then attempted to climb over his slide onto the next slide in an effort to free himself from the ride; it was at this time that his father, who was barreling down an adjacent slide, came into contact with his son.

The collision caused Alex Romero, Jr. to have to be transported by emergency medical personnel to the hospital for treatment of a concussion and other head injuries, the lawsuit claims.

Alex Romero, Jr. also suffered nervous shock and other internal injuries.

The lawsuit accuses the defendants of carelessness, negligence and gross negligence for failing to provide adequate protection to the plaintiffs, leading the parents to believe that the Nitro Racer was a safe attraction for toddlers such as their son, and failing to take adequate steps to prevent children from gaining access to adjoining slides other than the ones on which they are placed.

The lawsuit claims that the plaintiffs have had to spend large sums of money on medical attention for their son and that the boy has been prevented from carrying out his regular duties because of the accident.

For each of the four counts listed in the lawsuit, the plaintiffs demand judgment in excess of $75,000 plus related costs.

A jury trial has been demanded.

The federal case number is 2:12-cv-00435-PD.

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