An insurance company has agreed to pay $75,000 to settle a lawsuit against an amusement center for a tooth injury allegedly suffered by an eight-year-old girl.
Facts and Allegations
In March 2016, eight-year-old Rhienne Barrett was a guest at the Zapzone Extreme amusement center in Farmington, Michigan. While operating a motorized go-kart, she was struck by another kart and then collided with a stationary object. As a result of the impact, the girl struck her face against the kart's steering wheel; she claimed a tooth injury.
The girl's mother, Courtney Thompson, sued Zapzone Extreme. She alleged that Zapzone Extreme had been negligent in failing to properly secure her daughter within the vehicle. She argued that, although her daughter's seatbelt had been fastened, it was loose and enabled her injury.
Zapzone Extreme denied liability, arguing that the girl had ignored a written sign that stated that riders had to be at least nine years old. Zapzone Extreme maintained that it was not responsible for her alleged injury.
Result
The parties agreed to a $75,000 settlement. The settlement was paid from within Zapzone's $1 million policy with Michigan Millers Mutual Insurance Company.
The case is Thompson v. Zapzone Extreme, No. 2016-152805-NI (Mich. Cir. Ct. Oakland Cty. June 28, 2017). Attorneys involved include: Ezra N. Goldman; Law Offices of Ezra N. Goldman PC; Southfield, MI, for Rhienne Barrett,Courtney Thompson; Joseph T. Collison; Collison & Collison, PC; Saginaw, MI, for Zapzone Extreme.
FC&S Legal Comment
This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].