Woman Sues Funtown-Splashtown USA, Inc. Over Head Injury
Libby and her husband are seeking unspecified damages from the waterpark, as well as payment of her medical bills which amount to over $100,000. This is the couple's second attempt to obtain compensation for Mary Jo's injury. They initially tried to reach an out of court settlement with a mediator, but found the estimated offering of a $1 million dollar settlement unsatisfactory due to the fact that Funtown's insurance policy covers up to $5 million.
The Libby's claim that Funtown-Splashtown USA, Inc. was negligent when owners and employees installed the slide, which had cause similar head injuries in other parks in the U.S. They also allege that there were insufficient warnings and inadequate safety precautions provided to protect riders.
The lawsuit filed by the Libbys states that Mary Jo was injured when the Splish tunnel ride "buckled, collapsed, flipped and-or rolled over smashing" her head. Because of the severe nature of the head injury that she sustained, Mary Jo will be unable to hold employment, drive, or live alone without aid.