KID’S “EMOTIONAL INJURIES” CLAIMS WERE DISMISSED
In June of 2014, while a kid was riding a roller-coaster with her dad at the Adventureland Amusement Park (out in Farmingdale), the ride suddenly stopped functioning about five to seven feet above ground. And after being stalled for about 15 minutes, the father and child were required to exit their car via a ladder.
Claiming that the child suffered emotional injuries because of the incident, a negligence case was filed with the Suffolk County Supreme Court. And after the defendant made a motion for pre-trial dismissal (via summary judgment) asserting that it “did not create the alleged dangerous condition nor have actual or constructive notice of it,” the court granted that request.
On appeal, the Appellate Division, Second Department, was of the view that the defendant had no notice of a “dangerous condition,” since there was evidence in the record that the roller-coaster had been inspected earlier in the day, and operated problem-free prior to the stall.
While there may have been prior occasions where the ride had stopped functioning, the AD2 didn’t think that constituted notice of the condition which caused this particular malfunction.
Since it was of the view that no “triable issue of fact” had been raised, the AD2 allowed the grant of summary judgment and the litigation’s dismissal to stand.
If you ask us, that ride was all downhill.
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DECISION