HARRISBURG – A Maryland woman alleges that the organizing companies of the York State Fair were negligent in failing to prevent her injuries, when a passing thunderstorm caused her to be hit by a metal object when she was attending the fair.
Jarielly Rivera of Brooklyn, Md. first filed suit in the York County Court of Common Pleas on April 17 versus York County Agricultural Society (doing business as “York State Fair” and “York Expo Center”) of York and Strates Shows, Inc. of Orlando, Fla.
“On or about July 28, 2021, a sunny day, the plaintiff, along with other family members, was enjoying the York State Fair in York County, PA, where they had arrived at approximately 3 p.m. On July 28, 2021, at approximately 4:45 p.m., the plaintiff was by the Ferris wheel when it began to drizzle, which was followed immediately by a pouring rain with hail and severe winds. The force of the impending storm caused tents and awnings to collapse, blow over and blow about the fairgrounds area,” the suit says.
“While attempting to get to a safe, covered location for herself and other family members, including small children in strollers, the plaintiff and other members of her family were struck by a large metal object. As a result of the large metal object striking the plaintiff, she sustained serious personal injuries, including but not limited to, injuries to her head, shoulder, knees, soft tissue injuries and various other ills and injuries. As a result of this incident, plaintiff has incurred medical expenses in the treatment, medication, and other miscellaneous expenses for her injuries and may continue to incur medical expenses in the future treatment of her injuries.”
The suit adds that the defendants were collectively negligent in failing to warn the fair guests of the approaching thunderstorm, failing to provide a safe environment and failing to ensure that property objects at the fair, including concession stands, were set up and secure in a safe and secure manner so as to avoid harm in any way to the general public, among other instances of negligence.
The York County Agricultural Society then removed the case to the U.S. District Court for the Middle District of Pennsylvania on April 27.
For multiple counts of negligence, the plaintiff is seeking compensatory damages in an amount in excess of the arbitration threshold, together with interest, costs of suit and delay damages
The plaintiff is represented by Evan J. Kline III of Katherman Briggs & Greenberg, in York.
The defendants are represented by John W. Croumer of Post & Schell in Lancaster, plus Maureen E. Daley of Rawle & Henderson and William P. Corcoran of Sweeney & Sheehan, both in Philadelphia.
U.S. District Court for the Middle District of Pennsylvania case 1:23-cv-00702
York County Court of Common Pleas case 2023-SU-000715
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com