Blame battle erupts in suit brought over man’s bungee trampoline injury
Last August, Philip Hayhurst sued Bungee Fun Zone and Solid Rock Productions, alleging he should have been instructed on the safe use of a bungee trampoline.
On Monday, a summary judgment hearing between Bubblee Entertainment (Bungee Fun Zone) and Solid Rock Productions unfolded and concluded with the presiding judge taking the motion under advisement.
The suit alleges that on July 24, 2012, Hayhurst ruptured his right distal bicep tendon while attempting to do a flip on the Spider Jump Bungee Trampoline System at Bungee Fun Zone in Parkdale Mall.
Hayhurst maintains he was not engaged in horseplay and was using the equipment in a manner consistent with its intended use. However, he accuses the attendant at Bungee Fun Zone of negligently failing to advise him on the safe and proper use of the equipment.
He further asserts there was a defect in the trampoline at the time it left the possession of Solid Rock — the equipment’s manufacturer.
On Oct. 27 Bubblee filed a motion for partial summary judgment, arguing that Solid Rock is the manufacture of trampoline and should carry the burden of the lawsuit.
Bubblee further contends there is no evidence of negligence on its part – an argument that was repeated by the company’s attorney during the Monday hearing.
“There really is no evidence of negligence,” said Bubblee attorney Thomas Sulton, reiterating to the presiding judge that Solid Rock manufactured the trampoline.
Solid Rock attorney David Grove countered the argument by pointing out that his client did not sell the trampoline to Bubblee.
Grove also said that discovery is still ongoing in the case and it it’s still “too early to grant summary judgment.”
Judge Gary Sanderson, 60th District Court, told the attorneys he would take the motion under advisement until discovery was complete, giving the attorneys four more months to investigate.
Court records show that Bubblee filed a cross-action against Solid Rock on Sept. 11, asserting it is entitled to full and complete defense and indemnity from cross-defendant Rock Solid.
Hayhurst, the plaintiff in the case, is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.
Beaumont attorney Brian Mazzola represents him.
Case No. B194-646