Man gets verdict for carnival injury

Dunn v. Drexel University $600,000 verdict

Date of Verdict or Settlement: April 30, 1998.
Court and Case Number: C.P. Philadelphia July Term 1994 No. 784.
Judge: Paul Ribner.
Type of Action: Negligence; products liability.
Injuries: Neck injuries.
Plaintiff(s)’ Attorney(s):
Alan M. Feldman and Daniel J. Mann,
Philadelphia.
Defense Attorney(s):
George Vinci, Philadelphia, for Elio;
Arthur Klein, King of Prussia, for Giannini;
Joseph Oberlies, Philadelphia, for Boing.
Plaintiff(s)’ Expert(s):
William Avery, amusement industry, Safety consultant, Orlando, .Fla.;
Dr. Robert Cohen, neurosurgeon, Philadelphia.
Comments:
John T. Dunn was hurt at a carnival at Drexel University in Philadelphia when he tried to do a flip on the “Fly Trap,” a Velcro covered wall.

Dunn failed to stick to the wall and slipped into a crevice between the horizontal and vertical section of the Fly Trap, injuring his neck. He was hospitalized for 16 days and underwent two cervical fusions.

He didn’t work at all for nine months but then he returned to full-time employment. He says he still has neck pain and left-sided numbness, plus scarring from two operations.

Dunn sued John Elio, the owner of the Fly Trap, and Bruno Giannini, an amusement devices and entertainment broker who borrowed the Fly Trap from Elio for the Drexel event. Also named defendants were Drexel and Boing USA, the American distributor of the Fly Trap.

The British manufacturer of the Fly Trap, Boing Ltd. was joined after the statute of limitations had expired.

Giannini and Boing USA were uninsured. Following a pretrial settlement with Drexel and after the trial started, Dunn also settled with Boing, Ltd. At trial Dunn focused on proving that Elio knew that flips on the Fly Trap were potentially dangerous but failed to post warning signs for the Drexel event or to instruct Giannini on the safe operation of the device.

Dunn also presented an expert from the amusement industry who testified Elio did not meet Pennsylvania standards for the safe operation of amusement attractions.

Elio argued that warnings were unnecessary and that Dunn was a contributorily negligent and had assumed the risk of doing a flip.

The jury awarded Dunn $600,000 attributing 85% of the casual negligence to Elio and Giannini and 15% to Drexel which had already settled with Dunn. Contributions from Drexel and Boing, Ltd. Added $220,000 to Dunn’s total recovery.

The jury found Dunn was a contributorily negligent and had not assumed the risk.

Rule 238 delay damages against the non-settling defendants amount to about$116,000.