The manufacturer of the bunk bed from which a Utah player fell during the Little League World Series wants the suit against it either dismissed or moved to Lycoming County.
John Savoy and Son Inc. of Montoursville, in a document filed Friday in Philadelphia Common Pleas Court, contends the suit brought by Jace and Nancy Oliverson on behalf of their son Easton does not contain factual support for claims of negligence and outrageous, willful and malicious conduct.
The firm that does business as Savoy Contract Furniture also asserts the complaint makes an improper claim for negligent infliction of emotional distress as alleged by Easton’s father.
Little League Baseball, the other defendant, has yet to file its response to the suit but reportedly will join in the effort to have it transferred to Lycoming County.
Savoy contends Philadelphia is the wrong venue because it does not regularly conduct business there, the incident occurred in South Williamsport and Little League’s business address is listed as Williamsport.
Easton, a member of the Snow Canyon all-stars from Santa Clara, Utah, suffered serious head injuries when he fell from the top bunk in a dorm in the world series complex on Aug. 15.
He has undergone multiple surgeries for injuries that included a fractured skull and is recovering at home in Utah.
The suit alleges Little League “failed to equip the upper bunks with rails to protect its occupants” from falling.
It accuses Savoy of selling “dangerous and defective” bunk beds that “caused significant and permanent injuries” Easton.
The suit was amended Oct. 4 adding Jace Oliverson as an individual defendant claiming he “suffered immediate, direct, severe and lasting emotional distress…”
He was a coach on the team that earned a berth in the series by winning the Mountain Region title.
He was staying in the same facility as his son and although he did not witness the fall, he said he saw him bleeding and in pain.
The day after Easton fell Little League moved the bunk bed frames to the floors in all of the dorm rooms.
Easton Oliverson, 12, a Little League baseball player who fractured his skull while in South Williamsport, Pa., for the 2022 Little League World Series on Aug. 15, 2022, is back in his home state of Utah receiving in-patient rehab.
Adam Savoy, the firm’s vice president, previously said the company’s standard operating procedure when quoting single beds that have bunking capability includes this alert:
“For Safety and Fall Prevention, Savoy Strongly Recommends the Use of Guard Rails and Ladders when Beds are Bunked or Lofted.”
Two warning labels are affixed to each bed recommending the use of guard rails and ladders to any bed bunked or lofted, he said.
In a related action, the Oliversons are seeking a court order that would allow their representative to view the bed and tour the dorm where Easton fell.
Ken Fulginitt, who represents the Oliversons, claims a preliminary inspection had been arranged for Sept. 19 but was told about 10 days in advance it would not occur.
Letters he sent since related to the inspection have been ignored and that is why he says he seeks court intervention.
The requested court order would prohibit Little League from altering or modifying the rooms or beds in any way.
More:
Little League president ‘devastated and heartbroken’ by player’s injury
The Link LonkOctober 24, 2022 at 05:35AM
https://news.google.com/__i/rss/rd/articles/CBMid2h0dHBzOi8vd3d3LnBlbm5saXZlLmNvbS9uZXdzLzIwMjIvMTAvYnVuay1iZWQtbWFudWZhY3R1cmVyLXNlZWtzLWRpc21pc3NhbC1vZi1zdWl0LW92ZXItdXRhaC1saXR0bGUtbGVhZ3VlcnMtZmFsbC5odG1s0gEA?oc=5
Bunk bed manufacturer seeks dismissal of suit over Utah Little Leaguer’s fall - PennLive
https://news.google.com/search?q=little&hl=en-US&gl=US&ceid=US:en
No comments:
Post a Comment