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UNITED STATES DISTRICT COURT for the DISTRICT of NEW JERSEY LESTER DAVIS : 3002 Mario Lanza Blvd

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UNITED STATES DISTRICT COURT for the DISTRICT of NEW JERSEY LESTER DAVIS : 3002 Mario Lanza Blvd Case 3:21-cv-14650-PGS-DEA Document 2 Filed 08/05/21 Page 1 of 34 PageID: 35 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY LESTER DAVIS : 3002 Mario Lanza Blvd. : Apartment X : Philadelphia, PA 19153 : CASE NO.: Plaintiff, : v. : : CIVIL ACTION COMPLAINT SIX FLAGS ENTERTAINMENT : CORPORATION d/b/a SIX FLAGS and/or : SIX FLAGS THEME PARKS : JURY TRIAL DEMANDED 1000 Ballpark Way : Arlington, Texas 76011 : -AND- : SIX FLAGS GREAT ADVENTURE, LLC : c/o Corporation Service Company : Princeton South Corporate Center, Suite 160 100 Charles Ewing BLVD Ewing, NJ 08268 -AND- S&S – SANSEI TECHNOLOGIES 2935 North 400 West North Logan, UT 84341 -AND- S&S WORLDWIDE, INC. a/ka S&S POWER INC. 2935 North 400 West North Logan, UT 84341 -AND- ROCKY MOUNTAIN CONSTRUCTION GROUP, INC. d/b/a ROCKY MOUNTAIN CONSTRUCTION 1140 N Carissa Ct. HAYDEN, ID 83835 -AND- JOHN / JANE DOES, NOS. 1-10 -AND- ABC CORPORATIONS, NOS 1-10 Defendants. AMENDED COMPLAINT Plaintiff, Lester Davis, brings this Civil Action Complaint against Defendants, Six Flags Case 3:21-cv-14650-PGS-DEA Document 2 Filed 08/05/21 Page 2 of 34 PageID: 36 Entertainment Corporation, Six Flags Great Adventure, LLC, S&S-Sansei Technologies, S&S Worldwide, Inc., and Rocky Mountain Construction Group, Inc. (collectively the “Defendants”), and avers as follows: 1. This civil action arises out of series of injuries and damages suffered by Lester Davis suffered on the thrill ride, “The Joker”, sold, marketed, manufactured, and designed by defendants, S&S-Sansei Technologies, S&S Worldwide, Inc., and Rocky Mountain Construction Group, Inc. (hereinafter sometimes collectively referred to as the “roller coaster defendants”) while at an amusement park owned, operated, and maintained by defendants, Six Flags Entertainment Corporation and Six Flags Great Adventure, LLC. PARTIES 2. Plaintiff, Lester Davis (hereinafter “Mr. Davis”), is an adult individual and citizen of the Commonwealth of Pennsylvania with his residence at 3002 Mario Lanza Blvd, Apartment X, in Philadelphia, PA 19153. 3. Defendant, Six Flags Entertainment Corporation d/b/a Six Flags and/or Six Flags Theme Parks (hereinafter “Six Flags”) is a corporation, partnership, limited partnership, limited liability company and/or other business entity with a principal place of business at 1000 Ballpark Way in Arlington, Texas 76011. 4. Six Flags leased, owned, operated, managed, controlled, and/or possessed theme parks throughout the United States, including the property and theme park known as “Six Flags Great Adventure” at 1 Six Flags Blvd. in Jackson Township, New Jersey, 08527 where Mr. Davis was grievously injured on August 10, 2019. 5. At all times material, Six Flags acted by and through its representatives, officers, employees, servants, agents, individuals, managers, and/or maintenance workers responsible for Case 3:21-cv-14650-PGS-DEA Document 2 Filed 08/05/21 Page 3 of 34 PageID: 37 the safe and orderly operation of park attractions at Six Flags Great Adventure where Mr. Davis was injured on August 10, 2019. 6. Defendant, Six Flags Great Adventure, LLC (hereinafter “Great Adventure”) is a corporation, partnership, limited partnership, limited liability company and/or other business entity with a principal place of business at 1 Six Flags Blvd. in Jackson Township, New Jersey, 08527. 7. Great Adventure, leased, owned, operated, managed, controlled, and/or possessed the property and the thrill rides thereon, including “the Joker” at 1 Six Flags Blvd. in Jackson Township, New Jersey, 08527 where Mr. Davis was grievously injured on August 10, 2019. 8. At all times material, Great Adventure acted by and through its employees, servants, agents, individuals, managers, ride operators, disability services office personnel, park attendants, and/or maintenance workers responsible for the safe and orderly operation of park attractions including the thrill ride, “the Joker”, where Mr. Davis was injured on August 10, 2019. 9. Defendant, S&S- Sansei Technologies (hereinafter “SSTech”), is a corporation, partnership, limited partnership, limited liability company and/or other business entity with a principal place of business at 2935 North 400 West in North Logan, Utah. 10. SSTech sold, marketed, manufactured, and designed the thrill ride known as “the Joker” that injured Mr. Davis on August 10, 2019. 11. Defendant, S&S Worldwide, Inc. (hereinafter “SSWWI”), is a corporation, partnership, limited partnership, limited liability company and/or other business entity with a principal place of business at 2935 North 400 West in North Logan, Utah. 12. Alternative to and/or in addition to the preceding averments, SSWI sold, marketed, manufactured, and designed the thrill ride known as “the Joker” that injured Mr. Davis on August 10, 2019. Case 3:21-cv-14650-PGS-DEA Document 2 Filed 08/05/21 Page 4 of 34 PageID: 38 13. Defendant, Rocky Mountain Construction Group, Inc. (hereinafter “RMC”), is a corporation, partnership, limited partnership, limited liability company and/or other business entity with a principal place of business at 1140 North Carissa Court in Hayden, Idaho, 83835. 14. Alternative to and/or in addition to the preceding averments, RMC sold, marketed, manufactured, and designed the thrill ride known as “the Joker” that injured Mr. Davis on August 10, 2019. 15. Defendant, John Doe and Jane Doe Nos. 1-5, are employees, servants, agents, individuals, managers, ride operators, disability services office personnel, park attendants, and/or maintenance workers responsible for the safe and orderly operation of park attractions who, upon information and belief, and at all times relevant and material hereto, were on site and acting within the course and scope of their duties during Mr. Davis’ visit August 10, 2019 visit to Great Adventure in Jackson, New Jersey. 16. Defendant, John Doe and Jane Doe Nos. 5-10 are individuals responsible for manufacturing, designing, selling and/or distributing the Joker ride and its component parts. 17. Defendant, ABC Corporations, Nos. 1-5, are professional associations, partnerships, corporations, business entities and/or other organizations in the State of New Jersey who provide services to patrons at Great Adventure directly and/or indirectly at through their employees, servants, agents, individuals, managers, ride operators, disability services office personnel, park attendants, and/or maintenance workers, and who participated in the operation and maintenance of “the Joker” ride on or before Mr. Davis August 10, 2019 visit to Great Adventure in Jackson, New Jersey. 18. Defendant, ABC Corporations Nos. 5-10 are business(es), corporations and other jural entities responsible for manufacturing, designing, selling and/or distributing the Joker ride Case 3:21-cv-14650-PGS-DEA Document 2 Filed 08/05/21 Page 5 of 34 PageID: 39 and its component parts. 19. Plaintiff hereby invokes the doctrines of respondeat superior and vicarious liability. 20. At all times relevant herein, Defendants were acting as the agents and employees of each of the other Defendants, and were acting within the scope, purpose, and authority of that agency and employment JURISDICTION AND VENUE 21. This Court has Jurisdiction to hear this matter pursuant to 28 U.S.C. §1332 (Diversity of Citizenship) because the citizenship of Plaintiff is diverse from that of all Defendants and the amount in controversy is in excess of $75,000.00. 22. Venue is proper in the United States District Court for the District of New Jersey pursuant to 28 U.S.C §1931(b)(2). 23. A substantial part of the events or omissions giving rise to the claim and/or a substantial part of the property that is the subject of the action is situated within the judicial district of the District of New Jersey at 1 Six Flags Blvd., Jackson Township, NJ 08527. 24. As detailed elsewhere in this Complaint, Plaintiff’s grievous injuries and damages arise out of his first and only ride on the thrill ride called “the Joker” while visiting the theme park, Great Adventure, located at 1 Six Flags Blvd., in Jackson Township, NJ 08527. FACTS GIVING RISE TO THE CAUSE OF ACTION 25. At all times material, Mr. Davis was a paraplegic (T2 paraplegia). 26. On August 10, 2019, Mr. Davis and four (4) of his friends presented to Six Flags Great Adventure in Jackson, New Jersey with pre-purchased tickets. 27. At all times material, Mr. Davis was a business invitee at Great Adventure. Case 3:21-cv-14650-PGS-DEA Document 2 Filed 08/05/21 Page 6 of 34 PageID: 40 A. SIX FLAGS GREAT ADVENTURE 28. Mr. Davis is a frequent patron of Great Adventure and regularly goes on rides; he is well known by the employees at Great Adventure. 29. When he arrives, Mr. Davis typically goes to the Guest Relations office and advises that he is a paraplegic and wheelchair bound and requests information pertaining to rides that are safe for him. 30. Upon entrance to the theme park on August 10, 2019, Mr. Davis proceeded to the Guest Relations office, as he usually does, to pick up a pass which afforded him special accommodations due to his paraplegia and inquire about rides that are safe for him. 31. Six Flags Great Adventure claimed to “work closely with the manufacturer of each of [their] rides” and to “incorporates the manufacturers’ guidelines” into its policies to create a “safe, comfortable, and convenient experience at the park.” 32. The Great Adventure Accessibility Guide states that riders of “the Joker” must “have two (2) functioning legs that include the knee absent of prosthetic devices”. 33. Even so, Great Adventure employees at the Guest Relations office advised Mr. Davis that “the Joker” ride was safe and appropriate for Mr. Davis to ride. 34. Great Adventure provided Mr. Davis with no additional warnings, instructions, information, or advice concerning his ability to ride “the Joker” despite knowing of his medical condition and physical disability.
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