LANCASTER – The mother of a young boy allegedly injured on a metal plate at the Dutch Wonderland theme park has sued the park, its ownership and affiliated companies, claiming that their collective negligence led to her son’s injuries.
T.F., a minor (under the age of 18 years, by his mother and natural guardian, Cindy Evans) of Harpursville, N.Y. filed suit in the Lancaster County Court of Common Pleas on Oct. 16 versus Festival Fun Parks, LLC (c/o Corporation Service Company) of Harrisburg, Dutch Wonderland, Wonderland Amusement Management, LLC and Earl Realty, Inc., all of Lancaster, plus Palace Entertainment, of Homestead.
“On or about Oct. 16, 2021, minor plaintiff T.F. was lawfully at Dutch Wonderland as a guest, patron and business invitee. On or about Oct. 16, 2021, Cindy Evans was lawfully at Dutch Wonderland a guest, patron and business invitee,” the suit says.
“On or before Oct. 16, 2021, there existed a silver-colored metal plate and/or vault door within the asphalt surface on the ground. Said metal plate provided access to underground facilities for Dutch Wonderland. Said metal plate was owned, designed, installed and/or maintained it by defendants, their employees, agents and/or servants.”
The suit adds that defendants “had a duty to maintain the walking surfaces within Dutch Wonderland is a safe and hazard-free condition for patrons, guests and other business invitees.”
“Said metal plate would become slippery when wet. Defendants breached their duty to patrons, guests and other business invitees when they allowed the metal plate to be in a walking area for the public despite being slippery when wet. On or about Oct. 16, 2021, at approximately 2 p.m., while minor plaintiff T.F. was walking in Dutch Wonderland in a prudent and careful manner, he was caused to slip and fall on the metal plate, thereby sustaining head injuries as described herein,” the suit states.
“The cause of minor plaintiff T.F.’s fall was the hazardous condition caused by the slippery plate and the injuries sustained resulted from the fail. The above-described incident occurred due to the negligence and carelessness of defendants and in no part due to the negligence of minor plaintiff T.F.”
As a result of the incident, the suit says the minor plaintiff suffered laceration and scarring to his scalp.
For multiple counts of negligence, the plaintiff is seeking damages in excess of the arbitration limit, plus interest, costs of suit and delay damages, as may be recoverable under the Pennsylvania Rules of Civil Procedure.
The plaintiff is represented by John E. Lavelle of the John E. Lavelle Law Firm P.C, in Williston Park, N.Y.
The defendants have not yet retained legal counsel.
Lancaster County Court of Common Pleas case CI-23-07339
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com