Chesterton Tribune                                                                                   Adv.

Valparaiso woman sues Splash Down Dunes alleging injuries suffered on water slide

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By KEVIN NEVERS

A Valparaiso woman is suing Splash Down Dunes, its former owner, and the current owner of the property for injuries which she says she sustained at the water park two years ago.

Patricia M. Mitchell is also suing the “unknown manufacturers” and the “unknown installers” of the American Revolution Water Slide.

According to the two-count suit, filed on Tuesday in Porter Superior Court, on Aug. 18, 2008, Mitchell “utilized the American Revolution Water Slide, as instructed by (Splash Down Dunes) employees,” and while on the ride “was ejected off the tube provided” by the park. Mitchell alleges that she then “careened into an unprotected, exposed portion of the slide” and “suffered injuries, including but not limited to: a lacerated upper lip, broken nose, nerve damage, nasal discharge, pain in her shoulder and neck, and other injuries.”

Mitchell “has suffered and will continue to suffer great bodily injury, pain and suffering, permanent impairment, and has incurred and will continue to incur expenses for medical treatment,” the suit states. In addition, she “has incurred lost wages.”

The suit specifically alleges that Splash Down Dunes, former owner Paul Childress, and current owner Fred Pearson “breached” their duty “to exercise reasonable care in the operation, inspection, maintenance, and repair of the American Revolution Water Slide,” and that they were “negligent and/or reckless in one or more of the following ways”:

•They operated Splash Down Dunes “without regard for the health and safety for others on the water slides or the common areas.”

•They “failed to keep a proper look-out for hazards.”

•They “failed to properly inspect slides and equipment.”

•They “failed to properly maintain Splash Down Dunes.”

•They “failed to repair Splash Down Dunes.”

•They “failed to warn” Mitchell “of the unsafe condition of the American Revolution Water Slide.”

•And they “failed to act in the manner that a reasonably prudent person would have acted under the same or substantially similar circumstances.”

The suit further alleges that Splash Down Dunes, Childress, and Pearson failed “to act on previous reports of similar incidents and resulting injuries which occurred in a manner similar to that suffered” by Mitchell while riding on the American Revolution Water Slide.

The suit does not, however, cite any of those “previous reports.”

Mitchell is seeking “an amount sufficient to adequately compensate her and for all other just and proper relief.”

Splash Down Dunes did not operate this year after Childress shuttered the water park at the end of the season in 2009. In July the property, located at 150 E. U.S. Highway 20 in Porter, was put on the auction block at a sheriff’s sale ordered when Childress defaulted on a $300,000 payment to his former partner, Pearson, under the terms of a sale agreement inked in May 2007. In his January 2010 foreclosure order, Porter Superior Court Judge Roger Bradford noted that Childress owed Pearson a total of $2,380,500 in principle, title expenses, and attorney fees. Pearson himself purchased the property at the sheriff’s sale.

 

Posted 8/13/2010

 

 

 

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