November 6, 2018, PLLR News
Trampoline’s defective design leads to teen’s dislocated ankle
Suit against an indoor trampoline park and the companies that designed and manufactured the trampolines alleged that the equipment—which consisted of 30 trampolines tied together on a metal frame—was defectively designed in that the whole apparatus moved when jumped on, making it unsafe when multiple people were jumping. The parties settled for an undisclosed amount. Kelly v. Queen Jump, LLC.
Christina Kelly, 18, was jumping with 20 to 30 other people at Queen City Jump, an indoor trampoline park. The facility housed 30 trampolines tied together on a metal frame. While on one of the trampolines, Kelly suffered a dislocated ankle. She required surgery and anticipates needing at least two additional operations in the future. Her medical expenses totaled approximately $12,000.
Kelly sued Queen City Jump and the franchisors, Sky High Sports, LLC, and Sky High Sports Opportunities, LLC, which designed and manufactured the trampolines. The plaintiff alleged the trampolines were defectively designed in that the whole apparatus moved when jumped on, making the product unsafe when multiple people were jumping.
The defense argued that the plaintiff had assumed the risk and had breached her waiver agreement by filing suit.
The parties settled for an undisclosed amount.
Citation: Kelly v. Queen City Jump, LLC, No. 14-CVS-708 (N.C. Super. Ct. Mecklenburg Cnty. Jan. 2018).
Plaintiff counsel: AAJ members Thomas L. Odom Jr., Charlotte, N.C.; and W. Winston Briggs, Atlanta.
Plaintiff experts: Kent Ellington, orthopedic surgery, and Maria Vargas, life care planning, both of Charlotte; Pete Pidcoe, indoor trampolines, Richmond, Va.; Don McPherson, indoor trampolines, Downers Grove, Ill.; and AAJ member William Goldfarb, trials, Monroe, N.C.