PHILADELPHIA – Litigation pitting a church fair patron and her husband versus an amusement ride provider and many of its employees centered on injuries sustained when a ride wasn’t brought to a proper stop has been settled.

U.S. Magistrate Judge Carol Sandra Moore Wells issued an order on Jan. 27 stating the action in question was dismissed with prejudice, pursuant to agreement of counsel without costs.

Vanya Burke and Thomas Burke of Levittown initially filed a lawsuit on June 24, 2015 in the U.S. District Court for the Eastern District of Pennsylvania, against Reithoffer Shows, Inc. and John Does 1-10 (unknown employees), levying charges of negligence and recklessness.

Per the complaint, on July 5, 2013, Vanya was attending a fair being held at St. Michael’s Church in Tullytown. The suit states that while Vanya was aboard a carnival ride called Tornado, owned and operated by Reithoffer Shows, the ride came to a sudden stop that caused her to be forcefully thrown to the ground.

The plaintiffs allege the defendants failed to properly operate and control the carnival ride in a safe manner; properly stop the ride; give any warnings or instructions regarding the right way to exit the ride if such a situation as this one occurred; or give assistance to patrons when exiting rides.

Vanya claims she has endured severe spinal and back injuries and damages, mental anguish, chronic pain, ongoing medical care and attention, and lost wages and earnings. Her husband Thomas says the carnival ride incident led him to lose society, companionship and conjugal affection of his wife, and included a charge of loss of consortium.

Court records indicate a settlement conference was held on Jan. 26, at which a final settlement agreement was reached. Terms of the settlement were not disclosed.

The plaintiffs were represented by Clifford D. Bidlingmaier III of Kardos Rickles Hand & Bidlingmaier, in Newtown.

The defendants were represented by Charles W. Spitz of Post & Schell, in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case 2:15-cv-03541

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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