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Saturday, August 30, 2014

Amusement Park Seeks Civil Suit Dismissal

OCEAN CITY — Trimper’s Rides is seeking the dismissal of a $1 million civil suit filed in late July that alleges negligence against the iconic Boardwalk amusement park following a June 2012 incident when a child was allegedly run over and dragged by a ride.

On July 22, a Virginia family filed suit in U.S. District Court against Trimper’s and its associated companies alleging negligence during a June 2012 incident during which a child was allegedly hit by a miniature vehicle of the Hampton I ride at the Boardwalk amusement park and slammed to the floor, causing a fracture to his skull. The suit seeks $1 million in damages for current and future medical expenses, diminution of quality of life, disability, mental anguish and pain and suffering.

Last week, however, Trimper’s attorneys filed a formal answer to the complaint, seeking its dismissal on a variety of grounds. The answer includes a paragraph-by-paragraph denial of much of the alleged facts in the case spelled out in the complaint. The answer also asserts the minor plaintiff and/or his parent or guardian assumed the risk and were in part “contributorily negligent.”


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