SCRANTON – The operating companies of an indoor water park in Pennsylvania have responded with more than 20 defenses against an injury lawsuit filed by a Connecticut couple, one member of whom was allegedly hit by another patron at the bottom of a water slide.
Plaintiffs Maryam Tillman-Ahmed and Ali Ahmed of Hamden, Conn., first filed a complaint on Feb. 5 in the U.S. District Court for the Middle District of Pennsylvania against Great Wolf Lodge of The Poconos, LLC, Great Wolf Resort Holdings, Inc., and Great Wolf Services, LLC, all of Harrisburg.
The Ahmeds stated during a trip to Great Wolf Lodge and Water Park in Scotrun on May 8, 2018, Maryam slid down a slide that was monitored by two employees whose job it was to limit the number of people on the slide at one time and to ensure there was a safe space between riders.
Maryam alleged that as soon as she got to the bottom of the slide, she was hit by another rider, thrust forward and slammed into the hard wall of the pool. Maryam is said to have suffered a number of injuries that include severe pain, anxiety, humiliation, and serious impairment of one or more bodily functions.
According to the litigation, the Ahmeds’ believe that the slide attendants carelessly let other riders head down the slide before Maryam was safely out of the way.
Maryam added that due to the injuries she sustained, she hasn’t been able to perform her routine daily tasks and the injuries have further prevented her from being employed, a circumstance that could continue into the future.
However, counsel for the water park filed an answer to the plaintiffs’ complaint on March 16, denying the entirety of the plaintiffs’ allegations.
The water park also asserted no less than 22 affirmative defenses against the allegations, which included:
• Plaintiffs assumed the risk or risk of injury under the circumstances, thereby barring the plaintiffs from any recovery under applicable law;
• The incidents and damages alleged in plaintiffs’ complaint were the result of the sole negligence of the plaintiff, Maryam Tillman-Ahmed;
• The plaintiffs’ claims are barred by the applicable statute of limitations; and
• The plaintiffs’ complaint fails to state a claim upon which relief could be granted;
For counts of negligence on behalf of Maryam and loss of consortium from Ali, the plaintiffs are each seeking in excess of $75,000 in damages.
The plaintiffs are represented by Richard A. Godshall of Ostroff Injury Law, in Blue Bell.
The defendants are represented by Heather M. Eichenberg of Spector Gadon & Rosen, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 3:20-cv-00201
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com