Pennsylvania Record

Friday, November 15, 2019

An apple slingshot and a broken nose: Parents file lawsuit against orchard

State Court

By Marian Johns | Oct 21, 2019

Drapple

MEDIA — A Lafeyette Hill couple are suing Linvilla Orchards and its owners after their minor son allegedly suffered a broken nose when he was hit during a game at the orchard's Halloween festival.

According to the Oct. 7 filing in the Delaware County Court of Common Pleas, Eric and Michelle Shubin, individually and as parents of Grant Shubin, filed the complaint against Linvilla Associates LLC, Linvilla Orchards Inc., and others claiming negligence. 

The suit states Grant Shubin was attending at Halloween party on Oct. 20, 2018, at the defendants' premises and participating in an apple slingshot game. The suit states Grant was struck in the nose by an apple during the game and his injuries required surgery.

"Defendants acted or failed to act by and through their agents, servants, workmen and/or employees who were then and there acting within the scope of their authority and course of their employment with defendants, in furtherance of defendants' business and on behalf of defendants," the plaintiffs' complaint states. 

"The defendants knew or should have known of the existence of the hazardous and dangerous activity (i.e. apple slingshot game) on the aforesaid premises," the suit states.

The Shubins seek more than $50,000 in damages as well as attorney fees and litigation costs. 

The plaintiffs are represented by Jeffrey Nerenberg of Nerenberg & Gagliano PC in Philadelphia. 

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Delaware County Court of Common Pleas

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