Negligence – Product Liability

Abernathy v. Emerald Coast Entertainment, et. al.

Okaloosa County Case #2009-CA-4874

Mr. Higby defended this lawsuit against Emerald Coast Entertainment, a company that rented inflatable rides to school and church carnivals. Plaintiff was a 14-year-old teenager who was injured at the Choctaw High School Jellyfish Festival, a High School Booster function for the Choctaw High School Football Team. The plaintiff suffered a subdural hematoma that necessitated a craniotomy after engaging several times in Emerald’s “Bungee Run.” The plaintiff suffered no apparent trauma, but collapsed after getting off the ride. Policy limits for Emerald had already been tendered when Mr. Higby was engaged by Fireman’s Fund to defend the case. The plaintiff was attempting to make the case into a bad faith extra contractual claim against FFIC. After over two years of litigation, the plaintiff and his attorneys accepted the previous offer from Emerald and FFIC, and went to trial against the manufacturer of the Bungee Run.

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