Filed Electronically. HURRICANE BAY AND KENTUCKY KINGDOM a/k/a KENTUCKY KINGDOM REDEVELOPMENT COMPANY, LLC a/k/a KENTUCKY KINGDOM, LLLP
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1 NO. 17-CI JEFFERSON CIRCUIT COURT DIVISION ONE (1) JUDGE BARRY WILLETT Filed Electronically LINDA Y. REED PLAINTIFF v. HURRICANE BAY AND KENTUCKY KINGDOM a/k/a KENTUCKY KINGDOM REDEVELOPMENT COMPANY, LLC a/k/a KENTUCKY KINGDOM, LLLP DEFENDANT DEFENDANT KENTUCKY KINGDOM, LLLP S TRIAL MEMORANDUM Pursuant to the Court s March 20, 2018 Civil Jury Trial Order (the Scheduling Order ), Defendant Hurricane Bay and Kentucky Kingdom a/k/a Kentucky Kingdom Redevelopment Company, LLC a/k/a Kentucky Kingdom, LLLP (collectively, Kentucky Kingdom ), by counsel, submits its Trial Memorandum, as follows: A. Summary of the Relevant Facts of the Case This negligence and premises liability case arises from an incident on August 1, 2016 wherein Plaintiff Linda Reed ( Plaintiff ) slipped and fell on a rainy day, in a water park bathroom at Kentucky Kingdom, while she was wet and not wearing any shoes. Plaintiff and her 8-year-old grandson Skylar drove to Louisville from Indianapolis to spend two full days at Kentucky Kingdom. Plaintiff and Skylar spent all day on Sunday, July 31, 2018, and then returned for a second full day on Monday, August 1, On both days, Plaintiff and Skylar spent the majority of their time in Kentucky Kingdom s water park, Hurricane Bay. On both days, Plaintiff used multiple times the bathroom located near the large wave pool and the Tornado water ride in Hurricane Bay (the Tornado Bathroom ). PC : of
2 It was at the end of this second full day that Plaintiff slipped and fell. That afternoon, Plaintiff and Skylar went for a dip in the wave pool, Big Surf, after which Plaintiff headed for the nearby Tornado Bathroom. She was wearing a wet bathing suit and was barefoot when she entered the bathroom. When Plaintiff entered the Tornado Bathroom, she saw at least one [wet floor] cone. After Plaintiff used the toilet, washed her hands, and proceeded to walk out of the bathroom, her right foot allegedly slipped out in front of her due to water on the floor, causing her to fall. Plaintiff was immediately tended to by Kentucky Kingdom staff, who helped her into a wheelchair, placed her on a gurney, and transported her on a park vehicle to one of Kentucky Kingdom s Health Services locations. A Kentucky Kingdom employee phoned Plaintiff s daughter to advise her of the incident, but Plaintiff s daughter was not able to arrive from Indianapolis until approximately four (4) hours later. Because Louisville Metro EMS would not take Skylar in the ambulance, Kentucky Kingdom staff cared for Skylar during that time, feeding him, taking him to play games, allowing him to help close the park, and waiting with him until he was picked up by his mother. Meanwhile, Plaintiff was taken by Louisville Metro EMS ambulance to the Norton Audubon Hospital emergency room, where she was diagnosed with a right hamstring tear and discharged on August 4, From August 4-19, 2016, Plaintiff spent two weeks in physical/occupational therapy at Oaklawn Nursing and Rehabilitation Center in Louisville, at which time she was discharged and allowed to return home. Once back in Indianapolis, Plaintiff (1) saw her primary care physician, Dr. Donnis Patton, for two visits on August 25, 2016 and October 18, 2016; (2) made one visit to OrthoIndy for an orthopedic check-up on October 18, 2016; and (3) underwent physical therapy at ATI Physical Therapy from August 25, 2016 through November 14, 2016, when she was discharged. Plaintiff has had no further treatment related to this incident since November 2 PC : of
3 14, Plaintiff s total medical bills are $40, Plaintiff also alleges that she lost wages during the time she was actively treating for her injuries. On January 30, 2017, Plaintiff filed suit against Kentucky Kingdom, asserting theories of negligence and premises liability. Plaintiff is seeking a total of $123,631.77, which includes past medical expenses (not to exceed $40,445.43), lost wages (not to exceed $8,186.34), and past/future pain and suffering (not to exceed $75,000). B. Concise Summary of the Disputed Factual and Legal Issues of the Case Plaintiff and Kentucky Kingdom both appear to agree that the following factual and legal issues are not in dispute: Plaintiff was at Kentucky Kingdom for two full days on July 31-August 1, 2016, during which time she used the Tornado bathroom on multiple occasions; On August 1, 2016, Plaintiff slipped and fell in the Tornado Bathroom; It was raining on August 1, 2016; At the time Plaintiff slipped and fell, she had just exited the wave pool, was wearing a wet bathing suit, and was not wearing shoes; Plaintiff saw at least one Wet Floor cone in the Tornado Bathroom before she fell; Plaintiff suffered a right hamstring tear; Plaintiff was treated for her injury as set forth above; Plaintiff has had no further treatment for her injury since November 14, 2016; and Plaintiff is not claiming future special medicals, only the itemization of damages as set forth above. However, Plaintiff and Kentucky Kingdom do not appear to agree on the following factual and legal issues: Whether Plaintiff s medical treatment (with associated bills) was reasonable and necessary; 3 PC : of
4 Whether Kentucky Kingdom failed to exercise ordinary care in maintaining the premises in a reasonably safe condition; Whether (and for how long) any water was present on the Tornado Bathroom floor; Whether the presence of any water on the Tornado Bathroom floor created an unreasonably unsafe condition; Whether Kentucky Kingdom failed to exercise ordinary care in warning Plaintiff of any alleged unreasonably safe condition; Whether Kentucky Kingdom s failure to exercise ordinary care in maintaining the premises and/or the absence of such a warning was a substantial factor in causing an actual injury to Plaintiff; Whether Plaintiff herself was a substantial cause of her own injury; Whether Kentucky Kingdom had actual knowledge of any water on the bathroom floor, or it had been brought to Kentucky Kingdom s attention by information from which in the exercise of ordinary care Kentucky Kingdom should have known about it; and Whether Kentucky Kingdom had such knowledge or information in sufficient time to prevent Plaintiff s fall. need arise. Kentucky Kingdom reserves the right to supplement its Trial Memorandum should the Respectfully submitted, /s/ Liam E. Felsen Liam E. Felsen FROST BROWN TODD LLC 400 West Market Street, Suite 3200 Louisville, KY Phone: (502) Fax: (502) lfelsen@fbtlaw.com and Gaylee W. Gillim LAW OFFICE OF GAYLEE W. GILLIM P.O. Box 4563 Louisville, KY Phone: (502) PC : of
5 Fax: (502) Co-Counsel for Defendant, Kentucky Kingdom, LLLP CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was sent via electronic mail to the following on November 2, 2018: Damon B. Willis Ewing & Willis, PLLC 6009 Brownsboro Park Boulevard, Suite B Louisville, KY Phone: (502) Fax: (502) damonwillislawyer@yahoo.com Counsel for Plaintiff /s/ Liam E. Felsen Co-Counsel for Defendant, Kentucky Kingdom, LLLP v1 5 PC : of
HURRICANE BAY and KENTUCKY KINGDOM a/k/a KENTUCKY KINGDOM REDEVELOPMENT COMPANY, LLC a/k/a KENTUCKY KINGDOM, LLLP
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