A couple has filed a negligence lawsuit against Six Flags Great Adventure because of a slip-and-fall accident that occurred in 2013. Catherine and Robert Benz went to Six Flags Great Adventure theme park in Jackson, New Jersey, on August 21, 2013. As Catherine was exiting the restroom, she said that park workers had cleaning carts obstructing the door to the restroom.
When Catherine Benz attempted to step down and avoid the carts, she fell and injured her shoulder. Catherine Benz alleges that the defendants’ negligence in failing to provide warning signs regarding the cleaning and/or the removal of the cart caused her injury. The lawsuit states that she sustained injuries to her neck, arms and back, and had surgery for an implant to alleviate severe pain in her shoulder that was injured. In addition, Robert Benz is filing a claim for loss of consortium. The plaintiffs are requesting, jointly and severally, more than $50,000 in damages.
However, Heather M. Eichenbaum, the attorney for the defendants, filed a motion for preliminary objections. She states that all of the defendants, with the exception of those located in Jackson, are not interested parties to the lawsuit, and thus, should be dismissed. She also contends that because the incident occurred in New Jersey, the court in Philadelphia does not have jurisdiction over the case. Furthermore, she objects to the use of the word, “recklessness” in the complaint because she thinks it is an attempt on the part of the plaintiffs to collect punitive damages from the defendant.