Camelback Resort sued for a third time in nine months over alleged injury on 'The Flowrider'

By Gabriel Neves | Apr 22, 2019

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SCRANTON – A New York man is suing a Tannersville-based waterpark, alleging he was injured on one of its rides.

Jack Daloya and Keren Esayev flied a lawsuit against Camelback Resort LLC, et al, and John/Jane Does 1-10 at the U.S. District Court for the Middle District of Pennsylvania on March 12 for injuries that were caused when Daloya was riding in one of the waterpark's attractions.

As stated in the complaint, "on or about July 5, 2018, Mr. Daloya went on a ride known as 'The Flowrider,'" which was "a simulated wave machine which pumps a powerful and unyielding stream of water over a composite membrane riding surface." 

When in the attraction, Daloya says he was not informed by the staff that, "a participant using the Flowrider to boogie-board/body board should be instructed to place the board into the flow of the water, lie down on the board on his/her stomach, head facing the flow of water, and gently push out into the flow, making a gentle entry into the flow."

Instead, Daloya allegedly was instructed to leap into the waves.

"Relying upon the instruction and assurance of the waterpark attendant/lifeguard, Mr. Daloya jumped into the wave pool with the board, as instructed," the complaint said. "Upon impact, Mr. Daloya felt and heard a “rip” in his left pectoral muscle and felt a rush of unrelenting, excruciating pain. During this incident, and as a result of the same, Mr. Daloya sustained devastating and life-altering injuries."

Records show this is not the first case against Camelback for injuries caused while riding the Flowrider.

In July 2018, the Pennsylvania Record reported that a park rider allegedly suffered hand injuries while riding the attraction, claiming that "the defendants did not take sufficient measures to prevent injuries at their facility."

In December 2018, another rider sued CBK Lodge for allegedly suffering severe injuries while riding the Flowrider, hurting "her back, left hip and left foot" severely.

Daloya sued Camelback for counts of negligence, and loss of consortium, and is seeking damages in excess of $75,000, plus punitive damages, interest, costs and fees, as well as a jury trial.

Daloya and Esayev are being represented by attorneys Barbara Axelrod and Peter Johnsen of The Beasley Firm LLC of Philadelphia..

The U.S. District Court for the Middle District of Pennsylvania Case No. is 3:19-cv-00439-RDM.

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Beasley Firm LLC U.S. District Court for the Middle District of Pennsylvania

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