WAYNE – A Cabell County woman has sued Camden Park for injuries sustained when her four-year-old son was run over by a Tilt-A-Whirl car.
Mary MacPhee, as mother of R.W., filed the lawsuit in Wayne Circuit Court against Waverly Entertainment Inc., Camden Park Inc. and/or other John Doe entities.
MacPhee says she and her son were at the Huntington amusement park on June 1, 2017, when they decided to ride the Tilt-A-Whirl.
They “were walking to an open car on the ride, as were other patrons, as the ride was stopped,” according to the complaint. “Before plaintiffs entered one of the ride cars, an employee of the defendants started the ride.”
It says the boy “was knocked to the ground, and his arm was run over by one of the ride cars in the presence of … his mother.”
MacPhee says the defendants violated their duty to use reasonable care to protect the plaintiffs from hazardous conditions.
“Plaintiff R.W. was knocked to the ground, causing him to suffer serious and permanent injuries,” the complaint states. “Mary MacPhee witnessed her four year old child R.W. be thrown to the ground and run over by the ride causing her to suffer serious and permanent injuries.”
The complaint says they suffered pain, suffering and permanent damage as well as medical and hospital expenses as well as mental anguish and emotional trauma.
The plaintiffs seek joint and several compensatory damages as well as court costs, attorney fees and interest.
They are being represented by Matthew P. Stapleton and Scott G. Stapleton of Stapleton Law Offices in Huntington.
Wayne Circuit Court case number 18-C-28