In a dramatic legal turn of events, a couple from New Jersey has filed a lawsuit against a Pennsylvania-based water park for severe injuries sustained during their visit. Patricia and Pasquale Travaglini filed the complaint in the United States District Court for the Middle District of Pennsylvania on July 18, 2024, accusing Splash Magic RV Resort, LLC of negligence leading to Patricia's serious injuries.
The incident occurred on July 25, 2022, when the Travaglinis visited Splash Magic RV Resort with their children and grandchildren. According to the complaint, Patricia Travaglini was walking towards the kiddie pool area when she slipped on an unreasonably slippery surface and fell, resulting in a left distal femoral fracture. The plaintiffs allege that employees at the water park were aware of prior complaints about the slippery conditions but failed to take any preventive measures. "Defendant’s employees informed Plaintiffs that they were aware of prior complaints regarding the unreasonably slippery conditions," states the complaint.
Following her fall, Patricia was rushed to Geisinger Hospital in Danville, Pennsylvania, where she underwent emergency surgery involving open reduction and internal fixation of her left femur. She spent eleven days at Geisinger before being transferred to Kessler Institute for Rehabilitation in Marlton, New Jersey for further recovery. Her rehabilitation continued with aggressive physical therapy at Professional Physical Therapy in Sicklerville, New Jersey.
The plaintiffs argue that Splash Magic RV Resort's negligence is evident through multiple failures: inadequate maintenance of the kiddie pool area, lack of safety measures for business invitees like themselves, failure to provide warnings about hazardous conditions, and neglecting to address known dangers despite previous complaints. "This incident solely resulted from the negligence, carelessness, and/or recklessness of Defendant," reads one part of their claim.
As a result of these alleged failures by Splash Magic RV Resort and its employees, Patricia Travaglini has suffered serious and permanent injuries that have required extensive medical treatment and will likely continue to do so indefinitely. The plaintiffs are seeking compensatory damages exceeding $75,000 along with punitive damages for pain and suffering, loss of earnings capacity, medical expenses incurred thus far as well as those anticipated in future treatments.
Additionally, Pasquale Travaglini has filed a claim for loss of consortium due to his wife's injuries. He asserts that he has lost her aid, comfort, care companionship intimacy which significantly affects their marital relationship.
Represented by attorneys Andrew C. Eckert and Patrick J. Brennan from Fleck Eckert Klein McGarry LLC based in West Chester Pennsylvania; this case will be presided over by Judge Matthew W Brann under Case ID: 4:24-cv-01196-MWB.