The mother of a boy who was injured at a Glen Carbon trampoline park seeks to dismiss the defendant’s affirmative defenses, arguing that a six-year-old child cannot be held contributorily negligent.
Adrian Ferdinand, by and through his mother and next friend Silvia Ferdinand, filed the complaint on April 11 against Aim High Glen Carbon LLC.
According to the complaint, Adrian Ferdinand was lawfully using the defendant’s facilities on April 5 when he jumped from the top of an orange platform and into an area known as the “Foam Pit.” The plaintiff alleges plywood and metal were exposed on the orange platform. Consequently, Adrian Ferdinand struck his head on the unprotected materials and suffered a laceration to his scalp, a concussion and permanent disfigurement.
The plaintiff alleges the defendant negligently and carelessly permitted a section of exposed metal and wood to abut and contact the “Foam Pit,” failed to provide any padding to protect Adrian Ferdinand from the exterior surface, failed to provide proper maintenance or supervision of the “Foam Pit” and failed to warn guests of the dangerous condition.
Aim High Glen Carbon answered the complaint on June 7 through attorney Seth Gausnell of Pitzer Snodgrass PC in St. Louis.
The defendant denies liability and argues in its affirmative defenses that Adrian Ferdinand knowingly assumed the risk of injury and was aware of the facility’s condition.
The defendant also argues that Adrian Ferdinand was contributorily negligent by failing to pay attention to his surroundings and failing to follow safety instructions given by the defendant. Aim High argues that the child was injured because of his own actions.
Silvia Ferdinand denied each and every affirmative defense on June 7 through attorneys Brian Wendler, Angie Zinzilieta and Paul Rademacher of Wendler Law PC in Edwardsville.
Silvia Ferdinand also filed a motion to strike the defendant’s affirmative defenses on Aug. 1.
“It is well understood that a child under the age of seven years old is deemed incapable of contributory or comparative negligence. As of April 5, 2018, Adrian Ferdinand was six years old, thus incapable of contributory or comparative fault as Aim High asserts ...” the motion states.
The plaintiff also argues that despite Adrian Ferdinand’s father signing a waiver, “a parent has no legal authority to release, waive or compromise their child’s right of action by signing a waiver without court approval.”
Madison County Circuit court case number 18-L-474