Archive for the ‘Punitive Damages’ Category

Ejected – Man Knocked Unconscious on Water Slide; Court Permits Amendment to Complaint Alleging Punitive Damages (PA)

September 10, 2015

Perez v. Great Wolf Lodge of the Poconos (Pennsylvania)
(trial court disposition)

Plaintiff Brian Perez was a paying guest and business invitee of the defendant Great Wolf Lodge, which operates a hotel and water park in the Poconos.  While riding on a water slide with his companions, Perez’s raft began “oscillating excessively,” causing him to strike his head and neck on the side of the ride, rendering him unconscious, and ejecting him from the ride.  Perez and his wife filed a complaint against the defendant alleging negligent overloading of the raft.  Discovery ensued and was very contentious.  There was what was characterized as a “failure of discovery by the defendants for much of the first year of this litigation.”  At some point, the initial attorney representing the defendant was replaced.  Thereafter, some significant additional disclosures, totaling approximately 5,000 pages of material, were made by the defendant.  As a result of the disclosures, the plaintiffs filed a motion to amend the complaint to add a claim for punitive damages to the lawsuit.

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Blown Engine – Drag Racer Dies During a Track Rental Session; Racetrack Faced with Triable Issues, Possible Punitive Damages (NJ)

August 26, 2015

Cruz v. ATCO Raceway, Inc. (New Jersey)
(trial court disposition)

Jose Cruz was involved a fiery crash that occurred at the drag racing strip owned by the defendant.  The accident was caused by a “catastrophic engine failure,” and Jose was severely burned.  Although he managed to escape the car and walk away from the wreck, he ultimately died at the hospital.  A lawsuit was filed by Jose’s widow on her own behalf and on behalf of Jose’s estate, alleging negligence, negligence per se, wrongful death, and survivorship.  The lawsuit also sought punitive damages.  The defendant filed a motion for summary judgment, and the New Jersey District Court granted the motion in part and denied the motion in part. (more…)

Reckless Abandon – Allegations of Recklessness and Punitive Damages Survive in Ski Collision Case (PA)

June 11, 2015

Doyle v. Dianna (Pennsylvania)
(trial court disposition)

The plaintiff was skiing with his son in a highly congested area of a ski resort when he was struck by the defendant who was “allegedly skiing abnormally fast, out-of-control, recklessly” and who became airborne such that he was unable to slow down, stop, or avoid the impact.  Plaintiff filed an against against the defendant skier alleging that he acted recklessly and should be liable for punitive damages.  The defendant moved to strike both the references to “recklessness” and the punitive damages claim from the complaint.

Reviewing the applicable standards under Pennsylvania law, the Court of Common Pleas of Pennsylvania denied the defendant’s motion.  The defendant had argued that the complaint lacked specificity to support an allegation of reckless conduct, but the court disagreed, noting that in Pennsylvania “recklessness is a condition of the mind that may be averred generally.”

With regard to the claim for punitive damages, the court stated that it “must be supported by evidence sufficient to establish that (1) a defendant had a subjective appreciation of the risk of harm to which the plaintiff was exposed and that (2) he acted, or failed to act, as the case may be, in conscious disregard of that risk.”  The court then concluded that the plaintiff alleged facts that, if true, were sufficient justify punitive damages.  Plaintiff had alleged:

“Defendant knew he was skiing in an area that ‘is generally highly congested … with other skiers.’ [Citation omitted.]  The Plaintiffs further aver that the Defendant was (a) skiing at an abnormally high rate of speed, (b) jumping and/or becoming airborne ‘rendering himself completely out-of-control and unable to change his course of direction,’ and (c) that he knew that he would not be able to stop in an emergency situation due to the conditions of the area.”

Unfortunate Landing

September 6, 2012

Duchesneau v. Cornell University (Pennsylvania Court – New York Law Applied)
(An amateur gymnast suffered a significant injury while attempting a backflip on a rebounding Tumbl Trak apparatus; he sued the manufacturer of the apparatus for a failure to warn of the dangers associated with its use, and he sought punitive damages; the court denied the manufacturer’s motion, allowing the case to proceed to the jury.)

In its motion, the defendant manufacturer alleged (1) plaintiff could not establish a prima facie case of failure to warn; (2) plaintiff was not entitled to punitive damages; and (3) plaintiff assumed the risk of injury when using the apparatus.  In support of its arguments, the manufacturer referred to “general knowledge” that “an individual might land on his head if he attempt[ed] a black flip on a rebounding [apparatus].”  Defendant also referred to plaintiff’s education in basic physics, the fact that he signed a waiver that stated that he understood the risks and dangers associated with gymnastics, the existence of a small warning label on the apparatus that warned of the potential for catastrophic injury (including paralysis or even death from falling on the head or neck), and plaintiff’s knowledge of the concept of spotting from his prior participation in cheerleading.  Viewing all of that evidence, defendant asserted that “‘common sense’ would have informed an individual that he or she was risking landing on their head by using the [apparatus], and, as such, [defendant] had no legal duty to warn Plaintiff.”

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