PHILADELPHIA – The case of a Philadelphia couple whose son was allegedly injured on playground equipment at the Philadelphia Zoo will be headed to a city courtroom this summer.
Following a revised case management order issued Feb. 28 by Philadelphia County Court of Common Pleas Judge John M. Younge, it directed that a settlement conference would be able to be scheduled subsequent to May 6. Additionally, all counsel will file detailed pre-trial documentation prior to that same date. A pre-trial conference will be available for any date after July 1, with an anticipated trial date of Aug. 5.
Michael A. Fiscaro and Deanna Fiscaro (individually and as parents/natural guardians of minor Dominic Fiscaro) of Sewell, N.J. first filed suit May 3 in the Philadelphia County Court of Common Pleas versus Zoological Society of Philadelphia (doing business as “The Philadelphia Zoo”) and Vance Washington, both of Philadelphia.
On Oct. 23, 2016, the suit said Deanna and Dominic were visiting The Philadelphia Zoo as part of its “Boo At The Zoo” event, and Dominic used the defendant’s large jungle gym, which included an enclosed, spiraling slide. When Dominic used the slide, his sneakered foot caused him to suddenly stop at a turn/curve in the slide, violently fracturing his ankle, the suit states.
“His mother carried him to a bench and defendant’s employee procured a golf cart with which to transfer Dominic and his mother to their car. Defendants caused plaintiff’s ankle injuries by failing to supervise the use of the slide and failing to identify size/height and footwear restrictions for users of the slide. Dominic is now at risk for growth plate deformity, arthritis and other medical issues related to this trauma,” according to the lawsuit.
For counts of negligence versus all defendants, the plaintiffs are seeking special and compensatory damages in excess of $50,000, plus interest, costs, Rule 238 delay damages and such other just and equitable relief as the Court deems proper in this matter.
The plaintiffs are represented by Leonard G. Villari of Villari Lentz & Lynam, in Philadelphia.
The defendant is represented by Paul C. Troy of Kane Pugh Knoell Troy & Kramer, in Norristown.
Philadelphia County Court of Common Pleas case 180405109
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com