North Carolina Lawyers Weekly
A trampoline arena in Pineville has settled a lawsuit filed by a woman who claimed that she severely injured her ankle while jumping, her attorney reported.
Thomas Odom of The Odom Firm in Charlotte said that he reached a settlement with Queen City Jump, Sky High Sports, Sky High Sports Opportunities, and Jerry Raymond in January. The amount of the settlement was withheld pursuant to a confidentiality agreement.
Odom
The incident occurred on July 28, 2012, at Sky High, Odom said. His client, Christina Kelly, sustained a “crush” injury to her left ankle, a type of traumatic injury caused by tremendous force being placed on the foot and ankle that is often seen in car and motorcycle crashes. Kelly, who was 18 at the time, will likely have up to three more surgeries during her lifetime, Odom said, because the trampoline was “hard as concrete” upon landing.
Kelly alleged negligence and product liability in her lawsuit and sought punitive damages. One point of contention in the case was an indemnity clause. Odom said that before she began jumping, Kelly signed an agreement that would waive her right to sue and make her pay any attorneys fees associated with a lawsuit, should one be filed.
“They were very aggressive with this young lady,” Odom said.
The defendants filed a counterclaim alleging misrepresentation and several affirmative defense against Kelly, arguing that she breached her assumption of risk waiver and indemnity agreement by filing the lawsuit.
Odom filed a motion for sanctions for failure to comply with an order compelling discovery and for providing related false testimony and false answers to questions. The judge granted the motion, and the counterclaim was dismissed, he said.
“The trial court held in its sanction order that given the age of Kelly and the circumstances under which it was signed, the evidence learned toward the invalidity of the waiver,” Odom said. He quoted the judge as saying the waiver was “over the top.”
Jamie Flynn of Goodman McGuffey in Columbia, South Carolina, represented Queen City Jump, and Jason James of Bell Davis & Pitt in Charlotte represented Sky High Sports. Neither attorney responded to messages seeking comment on the settlement
Follow Bill Cresenzo on Twitter @bcresenzonclw
SETTLEMENT REPORT — PRODUCT AND PREMISES LIABILITY
Amount: Withheld
Injuries alleged: Intraarticular fracture to the top of the left ankle bone
Case name: Christina Kelly v. Queen City Jump, LLC, Sky High Sports, LLC, and Sky High
Sports Opportunities, LLC, and Jerry Raymond
Court: Mecklenburg County Superior Court
Case No.: 14-CVS-708
Judge: Forrest Bridges
Date of settlement: January 2018
Most helpful experts: Dr. Kent Ellington of Charlotte (orthopedic surgeon), Dr. Pete Pidcoe of Richmond, Virginia (physical therapist), Don McPherson of Downers Grove, Illinois (safety practices in gymnastics), and Maria Vargas of Belmont (life care planner)
Attorneys for plaintiff: Thomas Odom of The Odom Firm in Charlotte and Winston Briggs of Atlanta
Attorneys for defendants: Jamie Flynn of Goodman McGuffey in Columbia, South Carolina, for Queen City Jump and Jason James of Bell Davis & Pitt in Charlotte for Sky High Sports
