CHARLESTON — A Maryland man is suing Ace Adventure Resort alleging he was injured while at the resort.
Andrew Ford Polk filed a complaint against Mountain Cove and ACE, owners of ACE Adventure Waterpark in West Virginia, after Polk sustained injuries while visiting the report, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
On Sept. 12, 2021, Polk visited the waterpark as a paying patron and to gain entry, he had to make an online reservation and pay an admission fee due to COVID-19 protocols.
Polk claims once inside the park, he climbed on a tall inflatable equipment designed for patrons to jump onto a smaller inflatable below.
Despite being intended for children, there were no signs indicating the suitability for specific age groups and the area lacked warnings, lifeguards or attendants.
Polk claims when he jumped, he landed on the underinflated smaller inflatable, which caused him to hit the lake's bottom and sustain severe injuries, including fractured vertebrae in his spine.
The plaintiff incorporates preceding allegations in the complaint and asserts that the defendants' negligence in maintaining the inflatables and ensuring safety, as well as the lack of proper warnings and staff supervision, led to his injuries.
Polk is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Stephen B. Farmer, Robert A. Campbell, Brian E. Bigelow and Mary Beth Chapman of Farmer, Cline & Campbell in Beckley.
U.S. District Court for the Southern District of West Virginia case number: 2:23-cv-00594
