Magic Mountain denies wrongdoing in injury lawsuit
Magic Mountain has denied any wrongdoing in the case of a Riverview woman who has filed a lawsuit against the water theme park over injuries she claims she sustained last summer.
Elizabeth Tracy alleges her right leg was seriously injured after she plummeted at high speed to the bottom of the Torpedo slide on July 29, 2012.
Magic Mountain filed its statement of defence in Moncton on Monday.
Tracy's lawsuit claims that an unknown employee forgot to release the main water valve that feeds huge volumes of water to all of the rides in the park, so there wasn't enough water in the slide to cushion Tracy's fall.
Magic Mountain denies the claim.
In court documents, the park's lawyer states that all water slides had been inspected prior to the opening of the park and were operating properly.
Magic Mountain states that if Tracy had been injured it was due to her own negligence, that she failed to listen to proper instructions regarding body positioning prior to and during her decent.
It also states that she disregarded the ride-at-your-own risk warnings posted near the slide.
The claim states that if Tracy were injured because of a flaw in the slide's design or installation, the company that installed the slide called Proslide is negligent.
Neither the plaintiff nor the defendent in the case were available for comment.
The allegations in both Tracy's claim, and Magic Mountain's statement of defence have not been proven in court.
