Crowley v. Six Flags Great Adventure, 2017 U.S. Dist. LEXIS 69703

Summary judgment was partially granted as to failure to warn in a negligence claim arising from an amusement park game.

The plaintiff was injured at a rubber mallet game when the mallet bounced off the strike pad and hit him in the face. A several-count motion for summary judgment was denied as to the striking expert witnesses for his breach of duty opinion. However, the motion was granted as to any duty to warn because the defendant was not a product seller within the scope of the Product Liability Act.

 

Case Law Alerts, 3rd Quarter, July 2017

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