CHARLESTON — A couple is suing an unknown equipment designer on behalf of their teenage daughter.
John Doe Equipment Designer, John Doe Equipment Manufacturer and John Doe Contractor were all named as defendants in the suit.
When N.A. was 15 years old, she was at Sky Zone in Charleston on Aug. 23, 2019, and was running on the Ninja Run when she jumped from one raised platform to the next and was injured, according to a complaint filed in Kanawha Circuit Court.
Philip M. Arbogast and Regina M. Arbogast, N.A.'s parents, claim on the platform there was an exposed and unprotected "open web" steel joist near the edge of the platform and when N.A. jumped from the platform, her left foot remained lodged in the joist.
N.A. then fell from the platform while her foot was still lodged in the joist, causing a severe injury to her left foot, according to the suit.
She was then transported to Charleston Area Medical Center and diagnosed with third and fourth metatarsal fractures, which required surgery and extensive rehabilitation.
The defendants designed and manufactured the Ninja Run with numerous defects that rendered it unsafe, according to the suit.
The plaintiffs claim it was reasonably foreseeable to the defendants that users, such as N.A., could become entrapped in the joists during the normal, expected and intended use of the Ninja Run.
The plaintiff suffered physical injuries; mental pain and suffering; annoyance and inconvenience; loss of physical health; loss of enjoyment of life; disability; and disfigurement.
The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are represented by Scott S. Segal, Jason P. Foster and C. Edward Amos II of The Segal Law Firm in Charleston.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 21-C-710
