PITTSBURGH – A visitor to a Ligonier amusement park last year who claimed that she was severely injured when riding a waterslide amusement attraction known as the “Serpentine Slide” has settled her case.
Marilyn Nock of Trafford first filed suit in the Allegheny County Court of Common Pleas on Jan. 4, 2023 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.
On Feb. 28, 2023, 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.
Nock replied to the defendant’s new matter on March 15, 2023 and rejected it as merely “conclusions of law or mixed conclusions of fact and law, to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure and which are therefore denied.”
Plaintiff Nock filed a motion to compel the production of an unredacted and complete cause analysis report conducted by the defendant park with respect to the incident in question, on Sept. 26, 2023.
“This case arises from a May 30, 2022, accident on the Serpentine Slides at Idlewild Park. The slides have a 250-pound weight limit. Plaintiff weighed at least 350 pounds at the time of her accident. Despite plaintiff’s exceeding the weight limit on the slides by at least 100 pounds, defendant permitted her to ride the slides. Plaintiff suffered a serious ankle injury requiring multiple surgeries after she struck the bottom of the splash pool. Within two days of the accident, defendant’s Operations Manager Brian Payne completed an incident report that included a ‘cause analysis,” the motion stated.
“Defendant produced the report, but redacted the cause analysis. Plaintiff now seeks an order directing defendant to produce an unredacted cause analysis. The cause analysis was prepared by defendant’s agent (Operations Manager Brian Payne) within two days of plaintiff’s accident. The analysis was prepared to understand ‘causes’ of the accident, ‘explanation for the cause’, and ‘immediate action.’ In other words, the report was prepared for a business purpose: to understand why the accident occurred and to prevent similar accidents from reoccurring. The only conceivable protection that might apply is the work-product privilege. This rule shields from disclosure a party’s ‘mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics.’ The cause analysis here contains nothing of this sort. It is simply an account of the ‘causes’ of the accident, ‘explanation for the cause,’ and ‘immediate action’ (or ways to prevent re-occurrence). Pennsylvania courts have routinely found that root-cause analysis reports of this kind are not protected by the work-product privilege and are otherwise discoverable.”
UPDATE
On April 30, counsel for the plaintiff filed a praecipe to settle the case. Terms of the settlement were not revealed.
“Kindly mark the above case settled and discontinued,” the praecipe stated.
The plaintiff was represented by Anthony J. Giannetti and Adam D. Shorr of Swartz Culleton, in Pittsburgh.
The defendant was 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