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ARTICLE ID 189932

DEFENDANT’S Premises Liability – Negligent Maintenance – Plaintiff gets stuck hanging upside down on a malfunctioning roller coaster at defendant amusement part – Contusion to left acromioclavicular joint – Aggravation of preexisting cervical stenosis – Surgery required.

Allegheny County, PA

The plaintiff and her boyfriend were riding a roller coaster at the defendant amusement park when as the ride was coming to a stop, it malfunctioned, leaving the plaintiff hanging upside down with the weight of her boyfriend pushing the plaintiff into the side of the ride. The defendant maintained that the plaintiff was uninjured in the incident.

On July 5, ________, the female plaintiff was business invitee of the defendant amusement park. While riding on a roller coaster called "The King Kahuna", the ride malfunctioned and the plaintiff and the other riders were suspended upside down for about 15 minutes. During the time that the plaintiff was upside down, her boyfriend who was also upside down was pressed into the plaintiff pushing the plaintiff into the side of the ride. The plaintiff maintained that the defendant was negligent in failing to timely and adequately inspect the ride, specifically the braking mechanism, failing to maintain the ride in a safe condition and proper working order for its intended use, permitting the plaintiff to use the ride when it was not safe to do so and failing to safely stop the ride.

As a result, the plaintiff maintained that she suffered an aggravation of preexisting cervical stenosis and spondylosis which required cervical fusion surgery, contusion injury to the left acromioclavicular joint and left shoulder ligament injury. The defendant admitted that the ride did not operate as intended by the manufacturer, but denied that the malfunction was caused by negligence. In addition, the defendant maintained that the plaintiff was uninjured in the incident and that her claimed injuries were all preexisting.The jury found in favor of the defendant.

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