Upset that her daughter spilled out of a "moonwalk" when a gust of wind knocked the inflatable playpen over, Gricelda Alvarez has filed suit against the carnival operator and the mall that hosted the event.
The suit was filed in the Jefferson County District Court on Jan. 9, and names Wagner's Carnival, Ivey's Rides & Attractions, GG&A Central Mall Partners and All About Entertainment Inc. as defendants.
According to the plaintiffs' petition, on March 12, 2006, Alvarez's daughter was playing on an inflatable moonwalk, provided by the defendants, at a fair hosted by Central Mall.
"Specifically, on that date, Plaintiff fell on her head and suffered injuries to her head when the moonwalk she was playing on was blown over by the wind," the suit said. "The moonwalk was not set-up properly, adequately inspected and not properly held down."
The suit accuses the defendants of the following acts of alleged negligence:
Defendants knew or reasonably should have known the moonwalk was improperly held down to the ground, creating an unreasonable risk of harm to plaintiffs;
Defendants failed to properly inspect the premises, the fair grounds, and the fair's attractions creating an unreasonable risk of harm to plaintiffs;
And defendants failed to exercise ordinary care to protect plaintiff from the danger, by both failing to adequately warn plaintiff of the danger the moonwalk would tip over, failing to secure the moonwalk to the ground and/or operating the moonwalk in high winds.
Alvarez is suing for her daughter's past and future mental anguish, lost earning capacity, impairment and disfigurement.
"By reason of all of the above, Plaintiffs has [sic] incurred losses and damages in a sum that exceeds the minimum jurisdictional limits of this Court for which she here now sues," the suit said.
Alvarez is demanding a trial by jury and is represented by attorney Jonathan Harris of the Schechter, McElwee, Shaffer & Harris law firm.
Judge Milton Shuffield, 136th Judicial District, has been assigned to the case.
Case No. D180-998