Mother says daughter broke leg on ride at Billy Bob's

By Chris Dickerson | Jul 14, 2014

HUNTINGTON – A Putnam County woman has filed a lawsuit after her daughter allegedly was injured on a ride at a Cabell County entertainment facility.

Samantha Scott, mother of 8-year-old Mia Scott, filed the complaint in Cabell Circuit Court against Hurricane Plaza Inc., doing business as Billy Bob’s Wonderland. Billy Bob’s is an establishment similar to Chuck E. Cheese’s with an indoor video arcade, small rides for children, animatronic animals and an eating area for groups and parties.

According to the complaint, Scott and her daughter were at Billy Bob’s on Jan. 11 for a birthday party for Mia’s 4-year-old sister.

At the conclusion of the party, Mia Scott was playing with her 7-year-old cousin about 30 feet from her mother and other adults. The children were playing on a ride called Musical Ferris Wheel.

The ride, according to the complaint, “is at least 30 years old and has not received any modern safety improvements.”

When the children put the token in the machine, it started immediately, according to the complaint.

“Because the machine is old and does not have a starting or stopping mechanism/button, the machine started before the children were ready and before they anticipated it beginning its motion,” the complaint states. “By contrast, on similar newer machines, there is a starting/stopping button or mechanism which protects against this foreseeable danger.”

The complaint states that as Mia Scott tried to hold on as the machine started, “her leg caught in the equipment while it spun in a circular motion. As a result, Mia Scott’s leg was badly broken and she may have permanent damage.

“The old machine did not otherwise have a safety bar which prohibits the machine to start until the occupants are ready and in position.”

The complaint states that after the incident, Billy Bob’s put up signs regarding the safety of the machine.

Scott seeks compensatory and punitive damages as well as other relief.

She is being represented by Robert M. Bastress III of the Charleston law firm of DiTrapano, Barrett, DiPiero, McGinley & Simmons PLLC. The case has been assigned to Circuit Judge Chris Chiles.

Cabell Circuit Court case number: 14-C-383

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