I Couldn't Make this Up if I Tried

[Coaster Justin]

A Women is suing because she fell off a bench. No Joke.


3/5/2009 10:00 AM
By Michelle Massey, Texarkana Bureau


HOT SPRINGS, Ark. - In the middle of the summer last year, Darlene Davis and some of her family traveled to Hot Springs amusement park, Magic Springs and Crystal Falls. While inside the park, Davis states she was sitting on a bench when a screw popped out, causing her to fall backwards.

Davis says she sustained serious and permanent injuries during the incident, including injuring her back, neck, head and aggravating preexisting injuries.

Darlene Davis filed a personal injury lawsuit against PARC Magic Springs LLC, doing business as Magic Springs and Crystal Falls on Jan 23 in the Garland County Circuit Court of Arkansas. The case was transferred to the federal court of the Western District of Arkansas, Hot Springs division on Feb 26.

Shortly after the incident, an unknown witness took a picture of the bench and e-mailed it to a family member of Davis.

According to the complaint, while Davis was filing a report on the incident, maintenance was called and proceeded to fix the bench. Davis then states she complained to the defendant but the amusement park denied her claim.

The lawsuit accuses the defendant of failing to provide a safe premise for invitees, placing a defective bench for invitees to rest upon, failing to train or properly supervise employees regarding the inspection of benches and otherwise failing to exercise ordinary care for the safety of the plaintiff.

The plaintiff argues the defendant also failed to warn her of the dangerous condition presented by the park bench and that she could not have discovered or protected herself against that danger.

Davis is seeking damages for medical care, transportation expenses, pain, suffering, and mental anguish.

The plaintiff is represented by Hot Springs attorney Gary L. Eubanks and is requesting a jury trial.

U.S. District Judge Jimm Larry Hendren will preside over the litigation.



I Guess all benches are now going to have to have Seatbelts/ Over the Shoulder Restraints.

I'm not going to pretend I know but aren't most benches at Great America under 5ft. How could you get injured reclining?

[FParker185]

Yeah, I heard about that a few days ago, and that's about as retarded as it gets, but I think the only reason she's suing is that the park refused to pay for her supposed medical bills if I'm reading this part right..

Davis then states she complained to the defendant but the amusement park denied her claim.


This is part of the reason it's starting to cost so much going to amusement parks and carnivals, with all these frivolous lawsuits coming about, insurance rates are through the roof.

[Coaster Justin]

Can you really get seriously injured falling backwards? If I was naked and landed on Gravel, Rock, and Thorns; I wouldn't have complained as much. At Most, I would need an Ice Pack and Some Bandaids.

This is part of the reason it's starting to cost so much going to amusement parks and carnivals, with all these frivolous lawsuits coming about, insurance rates are through the roof.

Imagine if there was no such thing as "suings" or "lawsuits", Theme Park Admission would only be like 20 Dollars.