Raging Rivers Water Park has asked Judge Barbara Crowder of the Circuit Court of Madison County, Illinois to remove a personal injury case filed against the park to Jersey County, Illinois.
The amusement park has argued that the personal injury suit filed by a mother and her child after the child sustained personal injuries to his face, mouth, gums, and teeth at the park in Grafton, Illinois was improperly filed in Madison County.
The suit was filed by Wendy Kerr on the behalf of her minor son, alleging he sustained personal injuries on the Space Bowl ride.
Kerr has also named Strurart-Leisure Ltd., the Great Britain-based designer of the Space Bowl, as a defendant in the suit, alleging that the firm was negligent in its failure to construct the ride in a manner that would avoid teeth from catching on seams or lips of the ride’s surface while patrons traversed the ride’s base.
According to the suit, which was filed on June 13, Kerr’s son Gage sustained the injuries in 2006. The specific date was not named. Keer seeks damages in excess of $200,000.
According to Kerr, Raging Rivers was negligent in its failure to prevent patrons from becoming ensnared within the water slide, making it “unreasonably dangerous.”
Raging Rivers’ motion to transfer the case was filed on July 31 on the basis that their location is in Jersey County. The amusement park claims that Gage Kerr’s alleged injuries took place on the park’s premises, meaning that the transaction for which her cause of action arises took place in Jersey County. The park also argues that Strurart-Leisure doesn’t maintain or do business in Madison County and is not an Illinois resident.
Crowder set a hearing for 9 a.m. on Oct. 2.