PITTSBURGH – An urban trampoline park denies it is liable for a series of severe right leg injuries which a California woman claims she sustained, during a 2018 visit to the defendant’s premises.
Courtney Barrett of Mammoth Lakes, Calif. first filed suit in the U.S. District Court for the Western District of Pennsylvania on Nov. 20 versus New American Adventures, LLC (doing business as “Urban Air Trampoline & Adventure Park”) and One American Way, LLC of Cranberry Township, plus UATP Management, LLC of Grapevine, Texas.
“Plaintiff visited the premises on or about Nov. 23, 2018, for the purpose of using the trampoline park. Plaintiff proceeded through an obstacle course and came to a portion colloquially called the ‘monkey bars,’ which is a series of swinging bars suspended by cables above a pit of plastic balls approximately one foot deep,” the suit said.
“Employees in the area were preoccupied with directing the large number of individuals using the equipment on the premises, and said employees failed to provide any instructions or warnings to plaintiff before she commenced using the monkey bars. Plaintiff’s feet hung approximately two feet above the surface of the ball pit while she attempted to traverse the monkey bars.”
At that point, the suit added Barrett lost her grip and fell while negotiating the monkey bars, dropping into the ball pit beneath.
“The balls of the pit, approximately the size of baseballs and composed of light plastic, were rapidly displaced as she plunged through them and did little to arrest her fall. Plaintiff’s feet and body struck the hard surface at the bottom of the ball pit with the full weight of her fall,” the suit stated.
As a result, Barrett suffered a variety of injuries, including a fracture to her right leg, tears, strains, and ruptures to ligaments and tendons in the legs, mobility deficits of her right leg and pain-limited function of her right leg, among others.
UPDATE
The defendants filed an answer to the complaint on March 11, denying its assertions and countering with 15 separate affirmative defenses.
“The complaint fails to state a cause of action upon which relief can be granted,” according to the defenses. Plaintiff’s claims are barred for lack of subject matter jurisdiction. To the extent revealed in discovery, plaintiff’s claims are barred for lack of personal jurisdiction. It is believed, and, therefore, averred that any claimed injuries, damages, and/or losses alleged by plaintiff were the result of the actions or inactions of persons and/or entities other than defendants, including plaintiff,” according to the defenses, in part.
“Plaintiff entered into a valid and enforceable exculpatory release and assumption of the risk agreement whereby plaintiff agreed to waive her right to sue and to release defendants from any and all liability for any injuries incurred in participating in the activities at the park. As such, defendants expressly plead that plaintiff’s claims are barred on grounds of release, consent, and/or waiver.”
In addition to other affirmations, the defendants claim that the plaintiff failed to mitigate her damages, and any such damages would be limited by comparative negligence.
For multiple counts of negligence, the plaintiff is seeking damages, jointly and severally, in excess of $75,000, plus punitive damages, costs of suit and a trial by jury.
The plaintiff is represented Jonathan A. Orie of Orie & Zivic, in Pittsburgh.
The defendants are represented by Jamie L. Lenzi of Cipriani & Werner, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:20-cv-01813
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com