HRRV Secures Verdict in Favor of New Jersey Water Park

New York’s Appellate Division, Citing “Plain Common Sense”, Among Other Things, Affirms Dismissal of Negligence Action In Diving Accident At Water Park
By: Hackney Communications
 
Aug. 13, 2010 - PRLog -- August 13, 2010 (New York, New York) – Carla Varriale, a partner at Havkins Rosenfeld Ritzert & Varriale, LLP, recently obtained a unanimous jury verdict in favor of Mountain Creek Water Park in the U.S. District Court of New Jersey.
HRRV’s client, Festival Fun Parks, LLC, d/b/a Mountain Creek Water Park, was sued for negligence by plaintiff Emanuel Colon when Colon suffered an injury at the park. Varriale, who has extensive experience in recreation law, successfully demonstrated to the jury that Mountain Creek fulfilled its duty to the plaintiff, leading to a unanimous verdict for her client.  
“Mountain Creek’s adherence to New Jersey’s Rider Responsibility law was a focal point of the trial,” said Varriale. “Through this trial, recreational facilities should recognize the significance that state laws have in maintaining the safety of all entities involved.”
The industry-specific signage at Mountain Creek, including warning signs and instructions, proved to be consistent with the Rider Responsibility law.  Furthermore, the injured plaintiff admitted that he did not observe any posted signs while in line for the particular ride, nor did he observe any instructions on how he should enter the ride.
Ultimately, the jury determined that the plaintiff’s own negligence was the cause of his injuries.
Varriale writes and lectures on various issues of interest to sports, recreation and entertainment venues and has appeared as a legal commentator on Court TV Radio and FoxNews’ Cases and Cops.  Her most recent article was published this year in Facility Manager.
For more information on Varriale and to read her recent articles, visit http://www.hrrvlaw.com/attorneys/varriale.php.
About Havkins Rosenfeld Ritzert & Varriale, LLP

Havkins Rosenfeld Ritzert & Varriale, LLP is a law firm that makes a difference. From the beginning, HRRV vigorously works with its clients to develop innovative and effective strategies to achieve the client’s objectives. The firm’s practice includes sports, recreation and entertainment counseling and litigation. HRRV has offices in New York City, Mineola and White Plains, New York.

For more information, contact the firm at (212) 488-1598 (New York City), (516) 620-1700 (Mineola) or (914) 682-2636 (White Plains) or send an e-mail to info@hrrvlaw.com.
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Source:Hackney Communications
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Tags:Law, Amusement, Water Park, Negligence
Industry:Entertainment, Water
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