PITTSBURGH – An amusement park has denied that it was responsible for injuries a Trafford woman alleged she suffered on a waterslide amusement attraction known as the “Serpentine Slide.”
Marilyn Nock of Trafford first filed suit in the Allegheny County Court of Common Pleas on Jan. 4 versus Palace Entertainment Holdings, LLC (doing business as “Idlewild Park”), of West Homestead.
“On or about May 30, 2022, plaintiff Marilyn Nock, was lawfully on the aforesaid premises, when suddenly and without warning – and as a direct result of a defective and/or dangerous condition(s) of the premises – plaintiff was propelled to the bottom of the certain waterslide landing pool (otherwise known as a “splash pool”) attached to the Serpentine Slide amusement waterpark attraction, where she made violent contact with the bottom of the pool surface. As a result of the defective condition(s) located on defendant’s premises, plaintiff suffered severe and permanent injuries as more fully described herein,” the suit said.
“At all times material herein, Palace Entertainment, by and through its respective trustees, directors, agents, servants, workmen, employees and/or other representatives, acting within the course and scope of their employment, knew of the aforementioned dangerous and/or defective condition(s) of the Serpentine Slide and/or its attached landing pool area, failing to remedy the dangerous condition(s) before plaintiff was injured.”
The suit added that, among other negligent safety lapses, the defendant failed to adequately and timely repair defects to the aforesaid premises, failed to correct a dangerous and hazardous condition of which they were aware or should have been aware, failed to warn people lawfully upon its premises, such as the plaintiff, of the aforesaid dangerous condition and otherwise failed to provide a safe place for persons lawfully upon its premises, such as the plaintiff.
“As a result of the aforesaid negligence of the defendant, plaintiff suffered severe injuries, including, but not limited to, a fractured right ankle, as well as aches, pains, mental anxiety and anguish, and a severe shock to her entire nervous system. Plaintiff has in the past and will in the future undergo severe pain and suffering as a result of which she has been in the past and will in the future be unable to engage in her usual activities, all to her great detriment and loss,” the suit stated.
UPDATE
On Feb. 28, defendant Festival Fun Parks, LLC (doing business as “Idlewild Park” and incorrectly identified in the caption as Palace Entertainment Holdings, LLC doing business as “Idlewild Park”) answered the complaint and denied the plaintiff’s allegations as conclusions of law to which no response was required.
According to the defense, Palace Entertainment Holdings, LLC does not trade and do business as Idlewild Park and does not own or operate the Park. To the contrary, Festival Fun Parks, LLC (doing business as “Idlewild Park”) owns and operates Idlewild Park and SoakZone.
“Plaintiff’s claims are barred in whole or in part by the applicable statute of limitations. Plaintiff’s complaint fails to state a cause of action upon which relief can be granted because plaintiff failed to identify a dangerous condition of the Serpentine Slide. Plaintiff’s claims are barred in whole or in part by plaintiff’s assumption of the risk, her comparative negligence and failure to follow all rules and regulations pertaining to the Serpentine Slide,” the answer’s new matter stated.
For a lone count of premises liability negligence, the plaintiff is seeking damages in excess of $50,000.
The plaintiff is represented by Anthony J. Giannetti and Adam D. Shorr of Swartz Culleton, in Pittsburgh.
The defendant is represented by Sean P. Hannon of Dell Moser Lane & Loughney, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-23-000108
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com