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: Tennessee Law Blog

Inflatable Amusement Company Faces Lawsuit after Child?s Death

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All summer long and even on Labor Day, there were parades, picnics, and amusement park rides such as a super bounce or an inflatable moonwalk ride. Many of us all across the country have played in these as kids and have allowed our children to do the same, even right here in Tennessee. However, unfortunately sometimes tragic accidents happen that result in a serious injury or even death from one of these rides. If your children have been on these rides and have gotten injury as a result, you may be able to speak with a Tennessee personal injury lawyer about your case. They will help you get the compensation you deserve.

In this particular case, Sarah Ruggiero, the mother of Matthew Branham, a five year old boy that was killed on March 22,2010, after falling from an inflatable moonwalk ride and hitting his head on the concrete floor, filed a lawsuit in Sedgwick County District Court against Moonwalks for Fun Inc which is operated by Pure Entertainment. Other names in the lawsuit include Jesse Zogleman, the manager of Pure Entertainment and Tyler Tucker an employee of Pure Entertainment.

Ruggiero is asking for ?an amount in excess of 75,000? for personal injury and wrongful death. She alleges that the company operated its equipment in a dangerous manner and also violated the Kansas Consumer Protection Act and so she is also asking for $10,000 for each violation. Her attorney, Todd Shadid said, ?Our basis for this lawsuit is that the company takes some responsibility or accountability for what they did. So far they have refused to do so.? According to the details of the lawsuit, Ruggiero had her son?s 5th birthday party at Pure Entertainment on March 18, 2010. One of inflatable rides or units used for the party was called King of the Hill and was a large mattress, flat except for a bulge in the middle and surrounded by a two-inch high inflatable barrier.

At the party, Tucker, the Pure Entertainment employee, told the guests to place a child in the center which caused it to sink in then he jumped to one side of the ride and told the adults to jump to the other, which then caused the child in the center to go up into the air. Four days later, Matthew and his family visited Pure Entertainment again, using passes given to him for his birthday, and followed the same instructions on the King of the Hill ride again, only this time, Matthew flew over the barrier and landed headfirst on the concrete floor.
The lawsuit also claims that the ride was underinflated, and did not follow the manufacturer?s guidelines of allowing only children eight years old and older ride. In May, the city suspended their license for ninety days, claiming that the owner, Duane Zogleman, did not have his rides properly inspected. However, according to their website, the business planned to reopen on September 1. The lawsuit goes on to claim that Jesse Zogleman, ?committed deceptive and unconscionable acts? which violate the Kansas Consumer Protection Act.

Full post as published by Tennessee Law Blog on September 10, 2010 (boomark / email).

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