The father of a girl who was injured at Splash City Family Water Park in Collinsville filed a personal injury suit in Madison County Circuit Court.
Represented by Michael McGlynn of Belleville, Tim Wyrostek claims his daughter Aliza suffered a head wound and trauma to her brain and nerve tissue while at the park on June 27, 2005.
She was on the Monsoon Mountain water slide when a five-foot section of metal crashed down on his daughter without warning, according to the complaint.
The suit, filed June 30, also alleges that Splash City failed to maintain and control Monsoon Mountain's structure when customers were encouraged to use the area.
Wyrostek claims Splash City allowed people to use the structure when it knew of the dangerous condition and engaged in willful and wanton conduct by demonstrating a reckless disregard for the safety of others by failing to prevent harm after knowledge of an impeding danger.
According to Wyrostek, Splash City knew or should have known of the potential failure of nuts and bolts holding into place metal sheets above the patrons.
"The nature of the plaintiff's injuries and the relationship to the fall of the metal sheet were inherently undiscoverable and consequently the discovery rule should be applied to toll the running of the statute of limitations until plaintiffs knew or through the exercise of reasonable care and diligence should have known of their claims against the defendant," the complaint states.
Wyrostek also claims co-defendant Schaefeges Brothers improperly installed Monsoon Mountain while allowing Splash City to assume it was safe and failed to inform Slash City of the danger of the structure's design regarding the fatigue to anchoring nuts and bolts leading to a dangerous condition.
He also claims Schaefeges Brothers intentionally disregarded taking the necessary steps in the installation of Monsoon Mountain to ensure the safety of those using it.
Wyrostek is seeking damages in excess of $250,000.
06 L 569