Case details
Trampoline’s defects caused knee injury, plaintiff claimed
SUMMARY
$905000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
fracture, knee, patella, patellar
FACTS
On March 1, 2015, plaintiff Justin Matlin, 17, a student, was playing on a trampoline dodgeball court at Big Air Trampoline Park, in Laguna Hills. As he reached for a ball, Justin slipped under loose padding, causing one of his knees to become impaled on an exposed bolt. Justin sued the operator of Big Air Trampoline Park, H20 Partners, LLC, initially sued as “Big Air Fun, LLC,” and the installer of the park’s trampolines, Fun Spot Manufacturing, LLC. The lawsuit alleged that H2O Partners negligently operated the facility and negligently inspected the premises, creating a dangerous condition. The lawsuit also alleged that H2O Partners and Fun Spot were negligent for the defective design and improper installation of the trampoline. H2O Partners impleaded Justin’s father, seeking indemnity based on a liability waiver it had on file that was signed by Justin’s father. However, the waiver was thrown out during pre-trial motions based on plaintiff’s counsel’s argument that the type of accident and injury was not what the waiver had foreseen. (During negotiations, H2O Partners only offered a dismissal of the cross-complaint.) Plaintiff’s counsel contended that the park failed to properly install the equipment and/or conduct routine inspections, which would have revealed the oversized bolt. Counsel also contended that, by all experts’ admissions, the bolt was too long, causing it to be exposed. Plaintiff’s counsel argued that the bolt could have been designed shorter to serve the same purpose or it could have been capped, either of which would have avoided the accident. H2O Partners’ counsel argued that H2O Partners’ operations were sufficient for industry standards. Counsel also argued that H2O Partners was not liable for the installation of the exposed bolt, as Fun Spot oversaw the installation. Fun Spot’s counsel contended that the installation of the bolt and trampoline was proper and that the design and manufacturing of the trampoline “system” was not defective, in that, as a whole, it worked, especially regarding the trampoline pads, safety skirt covers and hardware., Justin’s patella was shattered and the adjoining tendons were severed. After the incident, Justin immediately went home and had his family take him to a hospital. He ultimately required surgical repair of the knee, followed by months of physical therapy. He also required conservative treatment consisting of plasma replacement therapy and stem cell replacement therapy. At the time of the accident, Justin, an all-star varsity football kicker in high school, was preparing to begin college and play football in the fall. He claimed that, as a result of his and subsequent surgical repair, he was forced to not play his first college season of football. He also claimed that he continues to have residual pain and weakness. The plaintiff’s expertorthopedic surgeon opined that Justin’s condition would deteriorate with wear and tear, as cartilage damage does not repair itself. The expert opined that, because of due to Justin’s young age at the time of the accident, Justin would require a partial knee replacement in about 20 years and a total knee replacement after another 20 years. The plaintiff’s expert life care planner opined that Justin would have a lifetime of care and economic damages regarding the two knee replacements. Justin sought recovery of $287,723 in future medical costs. He also sought recovery of damages for his past and future pain and suffering.
COURT
Superior Court of Orange County, Orange, CA
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