PITTSBURGH – One of three companies being sued for injuries a Pennsylvania woman suffered when riding a camel at a Pittsburgh circus event has been ordered to comply with discovery requests, in order to uncover more possible defendants.
A Pennsylvania couple have filed suit against a trio of companies allegedly responsible for injuries one of the plaintiffs suffered when riding a camel at a Pittsburgh circus event.
Alia A. Vollstedt and Daniel B. Vollstedt of Washington County initially filed suit in the Allegheny County Court of Common Pleas on June 12 versus Syria Temple Holding Corporation of Pittsburgh, Billy Martin Presents, LLC of Olean, N.Y. and Circus Pages International, Inc., of Myakka City, Fla.
The suit says defendant Syria Temple executed a lease agreement with Pittsburgh Arena Operating, LLC to hold a circus show at the PPG Paints Arena in Pittsburgh on Sept. 16, 2018, an event attended by the plaintiffs.
During an intermission in the performance, members of the audiences were allowed to enter the rings and interact with various performers and animals. In one section of the performance area, which maintained and controlled jointly by all defendants, patrons were given rides on camels that were owned and handled by Circus Pages.
“Plaintiff wife mounted one of the camels as instructed by defendants and sat in a saddle which was closed off on three sides by metal bars. Each camel had two handlers and made one lap around the performance area with each set of passengers before allowing them to dismount,” the suit says.
“Plaintiff wife then commenced her camel ride around the perimeter of the performance area. In the course of plaintiff wife’s camel ride, the camel carrying plaintiff wife began to buck erratically and charge across the performance area. Plaintiff wife became stuck and remained in the saddle, being violently thrown about and striking her head against one of the metal bars of the saddle.”
The plaintiffs say the defendants were negligent in their handling of the camel ride, leading Alia Vollstedt to suffer a myriad of serious injuries, such as a concussion, post-concussion syndrome, a closed head injury, sensitivity to light and sound, plus shoulder, knee, neck and spinal injuries.
On July 14, defendant Circus Pages filed preliminary objections to the complaint, arguing the plaintiffs combined allegations against the defendants instead of individually specifying them, failed to plead sufficient facts to support a prima facie counts of recklessness and strict liability and failed to plead various allegations with sufficient specificity.
“Each [paragraph of the complaint] improperly alleges that each and every act was brought about by the collective ‘defendants’. Plaintiffs’ failure to delineate their claims into separate counts against defendants fails to conform to the Pennsylvania Rules of Civil Procedure,” said John W. Croumer, defense counsel for Circus Pages, in his objections.
Croumer continued that “allowing such broad allegations of negligence to remain in the complaint unfairly hinders Circus Pages’ defense of this action as they are not being advised of all of the possible theories of liability that plaintiffs may assert against them and, thus, are being prevented from fully responding to and preparing a defense against plaintiffs’ claims.”
Defense counsel also countered that, in contrast to the plaintiffs’ claims, a camel is not a “wild animal.”
“Clearly, in this case, the camel in question was a tamed and domesticated animal that, like a horseback ride on a farm or a pony at a birthday party, was available to patrons for rides. Plaintiffs explain how these ‘camels were used to provide rides to patrons of the circus,” the objections said.
“Like a horse, plaintiffs allege that the camel was saddled. Furthermore, similar to a horse, plaintiffs allege that each camel had a handler. In addition, like a pony at a birthday party, plaintiffs allege that each camel made a lap around the area with a patron mounted atop the camel.”
Croumer continued that Circus Pages is “unaware of any case which stands for the proposition that providing saddled-camel rides to patrons is an ultra-hazardous activity” and though “it is possible that harm could result from riding a camel or a horse, that type of harm is not disproportionately outrageous.”
UPDATE
On July 21, the plaintiff filed a request for production of documents as a discovery request. The requests seek the identity of other parties who may be responsible for possession and handling of the camel in question, and who could thus be liable to the plaintiffs.
“The statute of limitations will expire Sept. 16, 2020. Timely responses to plaintiffs’ discovery requests will permit plaintiffs to institute suit against other parties potentially liable in this matter,” the motion read, in part.
That same day, Circus Pages International filed an opposing response to the motion to compel.
“By way of further response, the written discovery served by plaintiffs was not pre-complaint discovery, it seeks more information than simply the identities of other potential parties,” the response partially stated.
That same day, Allegheny County Court of Common Pleas Judge Philip A. Ignelzi granted the motion.
“Defendant Circus Page International, Inc. shall provide full and complete answers to plaintiffs’ interrogatories and requests for production within 30 days within the close of the pleadings, and full and complete answers to interrogatories within 10 days of today, Friday, Sept. 11, 2020,” Ignelzi said.
For counts of negligence, strict liability and loss of consortium, the plaintiffs are seeking joint and several damages in excess of $35,000, plus punitive damages, costs and a trial by jury.
The plaintiffs are represented by Jonathan A. Orie and Trevor R. Fleming of Orie & Zivic, in Pittsburgh.
The defendants are represented by John W. Croumer of Post & Schell in Lancaster and Thomas P. McGinnis, Karin M. Roman and Samuel G. Dunlop of Thomas Thomas & Hafer, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-006775
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com