The minor plaintiff, who had a pre-existing condition making his bones prone to fracture, was injured while attempting to board a continuously moving amusement park ride.
The plaintiffs sued the amusement park operator for negligence under the Occupiers' Liability Act.
The court found the defendant breached its duty of care by failing to post warning signs, failing to provide verbal instructions that the ride did not stop, and failing to have sufficient staff present.
The court dismissed the defendant's claims of contributory negligence against the minor and his father.
Damages were awarded to the minor plaintiff and his parents, taking into account the minor's pre-existing condition under the crumbling skull rule.