RWGM Wins for the Defendant
Updated: Mar 2, 2022
Matthew J. Kelly, RWGM partner, was highlighted for his recent win in a case against Clifton Park business Bounce Around, Inc. The following summarizes the article that appeared in DRI’s The Voice newsletter.
Jim obtained a summary judgment and dismissal of the complaint in this matter brought against the indoor play facility for children. The case was brought in New York State Supreme Court, Greene County. The nine-year-old Plaintiff was injured while on an inflatable slide called the “Vertical Rush,” while on her third trip down the slide she struck her arm on the side of the ride and suffered serious injury to her right arm, ultimately requiring surgery.
The Defendant moved for summary judgment arguing that the premises were reasonably safe and the claim was barred by the assumption of risk. In opposition to the motion the Plaintiff submitted an affidavit from expert Brian D. Avery, who was identified as an amusement ride and devise safety expert, and a recreational specialist. He opined that the facility was improperly supervised and that deviation from the accepted safety and supervisory policies and procedures occurred due to ASTM standards for inflation of amusement slides. This contributed to the defective condition of the slide and caused the Plaintiff’s injury.
The Court found that the Plaintiff failed to make any connection between those claims and the injury to the child and dismissed the opinion of Mr. Avery, as well as the action against Bounce Around, Inc.