Pennsylvania Record

Saturday, January 25, 2020

Lawsuit filed over child's alleged fall from rock wall at Get Air King of Prussia

By Nicholas Malfitano | Apr 13, 2015

PHILADELPHIA - A Haverford woman has filed a lawsuit against a Utah-based recreation/party company she claims negligently operated its “Ninja Course” activity at its King of Prussia location, resulting in a minor under her guardianship suffering a broken leg.

Filed April 6 in the United States District Court for the Eastern District of Pennsylvania, the suit brought by Kathryn Mullaney alleges Get Air Salt Lake and Get Air King of Prussia were grossly negligent in ensuring their advertised “Ninja Course” could be safely completed by children visiting the recreation center, that Get Air failed to warn participants of the course’s inherent dangers and that the “Ninja Course” as constructed was defective.

On Jan. 11, Darby Mullaney visited the Get Air King of Prussia recreation center and attempted to complete the “Ninja Course," a 100-yard maze of walls and trampolines that forms an obstacle course for participants to complete.

According to the lawsuit, located at the end of the course is a high rock wall on which the only means of descent for participants is a fire pole leading down to a foam pit area supported by a concrete base.

As Darby came to the top of the rock wall, she was allegedly encouraged by a Get Air employee to jump to the fire pole, in order to reach the foam pit at the bottom of the wall.

Following the employee’s instructions, Darby attempted to leap to the fire pole, but was not successfully able to do so, the suit says.

The suit purports Get Air referee staff and an accompanying ladder are typically used in order to assist participants in descending the rock wall, but that neither were used on the day of this accident.

As a result, Darby fell the length of the fire pole to the foam pit area, the foundation of which is made of concrete, the suit says.

The suit alleges the foam pit area contained an inadequate amount of padding, leading Darby to instantly break her leg upon impact with the concrete below. According to the lawsuit, Darby was then picked up and moved by a Get Air employee who lacked proper medical training, and without waiting for assistance from emergency medical personnel.

The plaintiffs allege the injuries Darby sustained in the accident are a direct result of Get Air’s negligence in properly designing its “Ninja Course” and failing to warn participants of the danger associated with descending down from the rock wall.

Further, the suit states the sustained leg fracture left Darby with severe and permanent injuries, which have already required one surgery and will necessitate several more, in addition to severe emotional distress.

The plaintiff is seeking $150,000 in damages, comprising medical expenses, pain, suffering, emotional distress and court costs. The plaintiff is represented by David T. Shulick, Esq. of Shulick Law in Bala Cynwyd.

United States District Court for the Eastern District of Pennsylvania case 2:15-cv-01802

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