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Petruska v. Smartparks - Silver Springs11/18/2005
Barbara Petruska appeals a summary final judgment entered in favor of Smartparks-Silver Springs, Inc. d/b/a Silver Springs in the personal injury action she filed seeking damages for injuries she sustained when she fell while on the premises operated by Smartparks. We reverse.
Petruska fell and was injured while attending the Festival of Lights at the Silver Springs attraction located near Ocala, Florida. The cause of her fall, she claimed, was a baby stroller that was pushed into her from behind as she walked in a crowd towards the exit. Petruska alleged that Smartparks is responsible for her injuries because it failed to provide adequate lighting throughout the park, failed to maintain adequate crowd control during the festival, and failed to warn of the defective conditions on the premises.
The only evidence presented by either side at the summary judgment proceeding was the deposition of Petruska, who testified in some detail about the inadequate lighting and improper crowd control that prevented her and other patrons from seeing the walkways and safely exiting the park. Specifically, Petruska alleged that as she was attempting to exit the finale of the festival, she entered onto a walkway that was not adequately lit. She testified that a large crowd was allowed to gather at the same spot and allowed to leave at the same time. As she was walking on the poorly lit walkway with this large group of people who were attempting to exit the display, Petruska was struck from behind by a woman in the crowd pushing a baby stroller. This caused Petruska to fall and sustain the injuries for which she seeks compensation . Petruska described how the incident occurred in her deposition:
A: I was on that walkway with this group of people -- you know, everyone is flowing out there to go.
Q: And then what happens?
A: That's where I got knocked down.
Q: How did you get knocked down, do you know?
A: By a baby stroller.
Q: Somebody pushing a baby stroller hit the back of your legs?
A: We were all very close. It was a big group of people leaving and I'm sure she -- between that and the lighting, she didn't -- I'm sure she didn't see me. Who in their right mind would knock somebody down?
Q: You don't think she did it on purpose?
A: No, certainly. But I'm sure that because of the conditions and the people leaving the park.
Q: So are you saying somebody from our distance across, arms length apart, couldn't see each other?
A; That's right. I couldn't see my husband's face and I'm looking for my friend Rita, and I'm calling her and I'm with my husband and all of a sudden I'm down. . . . .
Q: I've got you.
A: And when I went down, I was so surprised at whatever was hitting my legs, I kind of turned to my right to try and see what happened. And of course, out of the corner of my eye I saw the baby stroller which what was knocking me down, but by then I was already on my way. It was so fast.
Q: Okay. Do you remember if the baby carriage hit like -- did it catch your foot, did it knock you at your knees?
A: No, no.
Q: How did it --
A: It was closer to my feet. It was like there must have been something sticking out on the front of that carriage but the way it caught my -- what would you call it lower leg, feet area, down below. It caught me right there.
Q: Right foot or left foot first?
A: Grabbed me by both feet actually, both legs because I had no way to balance myself.
Q: And how did you fall?
A: More to my lef
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