HUNTINGTON – A accident involving a child at Barboursville Fall Fest has resulted in a lawsuit.
Cecil Jones, as parent of Brody Jones, filed his complaint in Cabell Circuit Court against 5T LLC doing business as Gambill Amusements.
According to the complaint, five-year-old Brody Jones was attending Barboursville Fall Fest on September 18. The event included amusement rides provided and operated by the defendant company.
Brody Jones went down a slide and sustained physical injuries that required medical treatment and resulted in medical bills.
The complaint says the defendant proffered a settlement to the parents, which was accepted. But they say the settlement was not only inadequate for the boy’s injuries, but it also did not comply with West Virginia’s Minor Settlement Proceedings Reform Act.
The plaintiffs accuse Gambill of negligent supervision and res ipsa louqitur, which is a legal doctrine that allows a plaintiff to establish a defendant’s negligence without direct evidence. It's a Latin phrase that means “the thing speaks for itself.”
The plaintiffs seek compensatory damages with interest. They are being represented by Jason Goad and Scott McClure of McClure Goad in Huntington. The case has been assigned to Circuit Judge Gregory Howard.
Cabell Circuit Court case number 25-C-14