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Wildlife exhibit employee mauled by Himalayan Black Bear says facility was negligent in its protective measures

PENNSYLVANIA RECORD

Thursday, November 21, 2024

Wildlife exhibit employee mauled by Himalayan Black Bear says facility was negligent in its protective measures

State Court
Robertmongeluzzi

Mongeluzzi | Saltz Mongeluzzi & Bendesky

PITTSBURGH – An employee at the Nemacolin Wildlife Adventure exhibit who was mauled by a Himalayan Black Bear two years ago has filed legal action to recover damages for the litany of injuries she suffered in the attack.

Megan Alborg of Wexford first filed suit in the Allegheny County Court of Common Pleas on July 15 versus Margaret Hardy Knox Trust of Farmington, Jonathan Bergmann of West Creek, N.J., Shallenberger Construction, Inc. of Connellsville, Callan Hahn of Thurmont, Md. and McMillen Engineering, Inc. of Uniontown and John Does 1-6.

The suit says the defendants were responsible for protecting individuals, including Megan Alborg, from the wild animals housed at the Nemacolin Wildlife Adventure by providing safe, secure and hazard-free exhibits that permit individuals to move around the wild animals in a safe and secure manner. At all relevant times, the Nemacolin Wildlife Adventure contained a Himalayan Black Bear named “Kooter.”

“On July 20, 2019, Megan Alborg had just begun working as a wildlife associate at the Nemacolin Woodlands Wildlife Adventure. One of Megan’s job responsibilities was to lead tours of the Wildlife Adventure for guests of the Resort. One task Megan was assigned was to perform a trick for the guests where she would hold a marshmallow in one hand, and a bear would give her a ‘high five’ in the other hand. The bear would then be fed the marshmallow as a reward for performing the trick,” the suit states.

“Megan was assigned to do this trick by members of the Nemacolin Wildlife Adventure staff. The high-five trick was an official part of the Wildlife Adventure tour. The bears were held in a wire cage with a window that they could reach their paw through in order to perform the high-five trick. On July 20, 2019, Megan was leading a tour of four people. At the designated time during tour, Megan took a marshmallow in her left hand, and reached her right (dominant) hand towards Kooter the Himalayan Black Bear to perform the high-five trick.”

Suddenly and without warning, Kooter pulled Megan’s right arm through the unprotected opening and ferociously mauled her. The attack came to an end when two Wildlife Adventure workers were able to separate Megan from the bear.

Megan’s arm was horrifically gashed and torn apart, and she suffered severe blood loss. According to the suit, her blood loss would likely have been fatal, were it not for the makeshift tourniquet applied by a nearby hotel guest who happened to be a trauma nurse.

“As a direct result of being mauled, Megan suffered the catastrophic injuries, including, but not limited to: Having her right arm torn apart by a Himalayan Black Bear, significant blood loss, amputation of the right/dominant thumb, open fractures of the right ulnar and radial mid-shaft, right brachial artery laceration, substantial soft tissue avulsion, rhabdomyolysis, severe permanent nerve damage, severe and permanent scarring and disfigurement, extremely limited ability to use her right/dominant arm,” the suit says.

“Megan has required over fifteen surgical procedures for her injuries, including multiple painful skin grafts and open reduction, internal fixation surgeries. At the time of the attack, Megan’s had not been adequately trained to perform the ‘high five’ trick. At the time of the attack, the ‘high five’ trick was too dangerous and unreasonable for any staff member to perform, despite being required to do so by agents of the Nemacolin defendants. At the time of the attack, the bear cage was inadequately constructed to protect tour guides like Megan.”

For multiple counts of negligence and strict liability, the plaintiff is seeking damages in excess of $50,000, along with punitive damages, damages for delay in accordance with Pennsylvania Rule of Civil Procedure 238 and costs.

The plaintiff is represented by Robert J. Mongeluzzi, David L. Kwass, Benjamin J. Baer and Daniel L. Ceisler of Saltz Mongeluzzi & Bendesky, in Philadelphia.

The defendants have not yet obtained legal counsel.

Allegheny County Court of Common Pleas case GD-21-008033

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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