Wednesday, September 7, 2016

Summary Judgment Granted in Favor of Water Park

In the case of Rabadi v. Great Wolf Lodge, LLC, No. 3:15-CV-00101 (M.D. Pa. Aug. 9, 2016 Mariani, J.), the court ranted summary judgment in favor of the Defendant water park.

The court entered summary judgment after finding that the Plaintiff had no expert to support their theory of how the Defendant’s ride malfunctioned.   In the absence of any expert, the Plaintiffs cannot prove causation.   The court ruled that the cause of the Plaintiff’s alleged injury was not so simple or obvious that an expert would not be required.  

Judge Mariani further held that in negligence cases in which water pressure is allegedly the cause of injury, expert testimony is required to proceed to a jury.   The court noted that the doctrine of res ipsa loquitur would not apply.  

In his decision, Judge Mariani also referenced the well said of principle that a mere occurrence of an accident, without more, does not establish negligent conduct on the part of a Defendant.  
Anyone wishing to review this decision may click this LINK.

I send thanks to Attorney James Beck of the Philadelphia office of Reed Smith for bringing this decision to my attention.  



No comments:

Post a Comment

Note: Only a member of this blog may post a comment.