Settlement reached in lawsuit for West Chester boy injured at shopping mall carnival

By Nicholas Malfitano | May 30, 2018

PHILADELPHIA – The mother of a West Chester boy injured in a mall carnival’s obstacle course settled a lawsuit against the creator of the course and the shopping mall where her son’s injury took place.


PHILADELPHIA – The mother of a West Chester boy injured in a mall carnival’s obstacle course settled a lawsuit against the creator of the course and the shopping mall where her son’s injury took place.

Per an order issued by Philadelphia County Court of Common Pleas Judge Shelley Robins-New on April 27, Audrey McFalls’ litigation against Amusements of Rochester, Inc. and Pennsylvania Real Estate Investment Trust was rendered as settled prior to assignment for trial.

Terms of the settlement were not disclosed.

Audrey McFalls (as parent/natural guardian of Landon McFalls) of West Chester initially filed suit in the Philadelphia County Court of Common Pleas on July 3, 2017 versus Amusements of Rochester, Inc. (doing business as “Powers Great American Midways”) of Rochester, N.Y. and Pennsylvania Real Estate Investment Trust (doing business as “Exton Square Mall”) corporately of Philadelphia.

“On or about May 18, 2017, at approximately 8:00 p.m. while on defendants’ premises [the Carnival being held at the Exton Square Mall, in Exton], plaintiff was going through an obstacle course when an exposed piece of metal lacerated his scalp, causing serious and permanent personal injuries on account of which this action is brought,” the complaint stated.

The lawsuit explained the plaintiff believes the defendants were negligent in failing to properly supervise the installation of the obstacle course; failing to request and supervise periodic inspections of the premises in and around the area where plaintiff was injured and failing to reasonably inspect, maintain and/or otherwise exercise due and reasonable care under the circumstance in view of the foreseeable dangers, accidents and/or injuries that could occur as a result of the conditions on the premises, among other charges.

“As a direct and consequential result of the negligent and/or careless conduct of the defendant, described above, the [minor] plaintiff suffered various serious and permanent personal injuries, serious impairment of bodily function and/or permanent serious disfigurement and/or aggravation of pre-existing conditions, and others ills and injuries, all to [minor] plaintiff’s great loss and detriment,” the complaint said.

Prior to settlement and based upon a lone count of negligence, the plaintiff was seeking damages in excess of $50,000, plus all costs and other relief this Court deems necessary in this matter.

The plaintiff was represented by Marc I. Simon of Simon & Simon, in Philadelphia.

The defendants were represented by Dennis M. Marconi and Michael Corcoran, of Barnaba & Marconi, in Trenton, N.J.

Philadelphia County Court of Common Pleas case 170700111

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

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