The mother of a boy who was allegedly injured at a Glen Carbon trampoline park has reached a $15,000 settlement with the defendant on the child’s behalf.
Madison County Circuit Judge David Dugan approved the settlement on June 12 on behalf of minor Adrian Ferdinand. According to the settlement approval, attorney Brian Wendler will receive $5,279.01 of the settlement and Adrian Ferdinand will receive the remaining funds.
Adrian Ferdinand’s parents, Silvia and Roman Ferdinand, were ordered to hold the proceeds in a trust for the exclusive use and benefit of the minor until June 2030.
“Upon review, the court determines that the proposed settlement agreement is fair, reasonable, entered into in good faith, and in the best interest of the minor plaintiff Adrian Ferdinand, and as a result, the minor settlement as presented is hereby approved by this court,” the order states.
Defendant Aim High Glen Carbon LLC was also ordered to pay the guardian ad Litem fees in the amount of $1,166.96.
Despite the settlement, the defendant denies liability.
Adrian Ferdinand, by and through his mother and next friend Silvia Ferdinand, filed the complaint April 11, 2018 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. He was six years old at the time of the injury.
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.
Silvia Ferdinand previously argued that a child under the age of seven is incapable of contributory or comparative negligence.
Madison County Circuit Court case number 18-L-474