By KYLA ASBURY
BECKLEY – A Youngsville, N.C., couple is suing Winterplace after they claim it was responsible for their three-year-old son's injuries
On Feb. 12, 2014, as part of a larger family gathering, Travis Bailey and Morgan Bailey took their minor son, Parker Bailey, snow tubing at Winterplace, according to a complaint filed May 14 in Raleigh Circuit Court.
The Baileys claim a Winterplace agent said Parker Bailey was big enough to go snow tubing and no Winterplace agent discussed safety issues with them.
Parker Bailey's first trip down the hill was without incident, however, on the next trip down, Parker Bailey reached the bottom of the lane, but his weight was insufficient to create enough inertia to push him through the ditch and up the incline at the bottom lane, according to the suit.
The Baileys claim Parker Bailey's snow tube came to a dead stop with him facing up the lane.
As Travis Bailey walked to assist his son, he observed a young, female patron mount her snow tube at the top of the lane and, before he could make it to his son, the young patron collided with Parker Bailey and the crown of her head struck Parker Bailey in the face, causing him injuries.
The Baileys claim Morgan Bailey called 911 and Parker Bailey sustained severe and permanently disabling injuries.
The defendant was negligent in failing to monitor the snow tubing lanes, according to the suit.
The Baileys are seeking compensatory and punitive damages. They are being represented by Timothy C. Bailey and Mark A. Barney of Bucci Bailey & Javins; and Noah Abrams of Abrams & Abrams PA.
Raleigh Circuit Court case number: 15-C-389