Woman sues amusement park after falling off bench

Michelle Massey, East Texas Bureau Mar. 5, 2009, 4:00am

HOT SPRINGS, Ark. – In the middle of the summer last year, Darlene Davis and some of her family traveled to Hot Springs amusement park, Magic Springs and Crystal Falls. While inside the park, Davis states she was sitting on a bench when a screw popped out, causing her to fall backwards.

Davis says she sustained serious and permanent injuries during the incident, including injuring her back, neck, head and aggravating preexisting injuries.

Darlene Davis filed a personal injury lawsuit against PARC Magic Springs LLC, doing business as Magic Springs and Crystal Falls on Jan 23 in the Garland County Circuit Court of Arkansas. The case was transferred to the federal court of the Western District of Arkansas, Hot Springs division on Feb 26.

Shortly after the incident, an unknown witness took a picture of the bench and e-mailed it to a family member of Davis.

According to the complaint, while Davis was filing a report on the incident, maintenance was called and proceeded to fix the bench. Davis then states she complained to the defendant but the amusement park denied her claim.

The lawsuit accuses the defendant of failing to provide a safe premise for invitees, placing a defective bench for invitees to rest upon, failing to train or properly supervise employees regarding the inspection of benches and otherwise failing to exercise ordinary care for the safety of the plaintiff.

The plaintiff argues the defendant also failed to warn her of the dangerous condition presented by the park bench and that she could not have discovered or protected herself against that danger.

Davis is seeking damages for medical care, transportation expenses, pain, suffering, and mental anguish.

The plaintiff is represented by Hot Springs attorney Gary L. Eubanks and is requesting a jury trial.

U.S. District Judge Jimm Larry Hendren will preside over the litigation.

Case No 6:2009cv06015

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