HARRISBURG – An Illinois woman has settled litigation against Hershey Park for serious injuries she says she sustained on a water park ride alongside her family there more than two years ago.
Dorothy Brett of Oak Lawn, Ill. first filed suit in the U.S. District Court for the Middle District of Pennsylvania on July 2 versus Hershey Entertainment & Resorts Company (doing business as “Hershey Park”), of Hershey.
“On July 19, 2018, the plaintiff, together with her husband and children, were paying customers at Hershey Park. There was a new ride/water coaster at Hershey Park called Breakers Edge. Breakers Edge started operating on May 26, 2018. From the date Breakers Edge started operating until July 19, 2018, at least three Hershey Park patrons were thrown from the ride,” per the lawsuit.
“On July 19, 2018, the plaintiff, with her family, was on the Breakers Edge ride. As she was riding, she was thrown into the air. Since she was holding on, she was violently pulled back into the raft. When the plaintiff was pulled back into the raft, she slammed her body and was in immediate pain. The plaintiff was taken from the ride on a backboard and taken to the hospital by ambulance.”
The plaintiff believed the park was negligent for failing to provide a safe ride, prevent injuries to the ride’s patrons or warn of its dangers, and a result, suffered an L-1 spinal fracture, disc herniation and traumatic brain injury and incurred surgeries for the same.
UPDATE
Before the defendant answered the complaint, on Aug. 24, U.S. District Court for the Middle District of Pennsylvania Judge Christopher C. Conner ordered all pleading and discovery deadlines stayed for 90 days – while U.S. Magistrate Judge Martin C. Carlson ordered a settlement conference take place between the parties in federal court chambers in Harrisburg on Nov. 3.
The conference proved to result in a settlement in the action, with its terms not being disclosed. Conner updated the Court on the settlement the following day, Nov. 4.
“It having been reported to the court that this matter has settled, it is hereby ordered that the Clerk of Court is directed to mark this matter closed for statistical purposes only and the parties shall, as soon as practicable, submit an appropriate dismissal filing in accordance with Federal Rule of Civil Procedure 41(a),” Conner said.
Prior to settlement and for a count of negligence, the plaintiff was seeking damages of $500,000.
The plaintiff was represented by John Neumann Hickey of the Law Office of John Neumann Hickey, in Media.
The defendant was represented by Kevin C. McNamara of Thomas Thomas & Hafer, in Harrisburg.
U.S. District Court for the Middle District of Pennsylvania case 1:20-cv-01128
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com