Almeida-Graves V. Seaworld Parks & Entertainment Llc
Case Background
Patricia Almeida-Graves filed a personal injury lawsuit against SeaWorld Parks & Entertainment L.L.C. after she fell while boarding a water slide raft. She claimed that the amusement park was liable for negligence.
She filed the lawsuit in the U.S. District Court for the Eastern District of Virginia (Newport News). District Judge Elizabeth W. Hanes oversaw the case, with Magistrate Judge Lawrence R. Leonard handling referrals. [Case number: 4:22cv127]
Cause
Patricia Almeida-Graves, a New Jersey resident, visited Busch Gardens Water Country USA in Williamsburg, Virginia, on August 22, 2015. SeaWorld Parks & Entertainment, L.L.C., a Delaware-based company with its main office in Florida, owned and operated the park.
Around 11:00 a.m., Graves waited in the loading area for the Aquazoid water slide. The ride used inflatable rafts, each 6.5 feet in diameter and weighing approximately 40 pounds. Due to their size and weight, rafts traveled on a conveyor belt from the catch pool at the slide’s bottom to the loading tower. Once at the top, rafts moved onto an unmotorized roller system that slowed them before reaching a rubber bump stop.
To prevent riders from getting caught in the conveyor motor’s moving parts, the wooden fence near it had narrow gaps. However, the fence near the roller assembly had wider gaps. A sign warned riders to stay clear of the conveyor motor, but no similar warning existed near the roller assembly.
The conveyor system operated using electric sensors. When two rafts covered both sets of sensors, the conveyor shut off to prevent pileups. Ride attendants could restart the conveyor by moving a raft from the lower roller assembly to a loading spot. They also had an override button to stop the conveyor if necessary.
Graves’ husband and two children had already boarded their raft with an attendant’s help. As Graves attempted to board, she stood with her back to the roller assembly while the attendants faced her. No one warned her she was in an unsafe position. When an attendant moved a raft at the conveyor’s bottom, the system re-engaged, sending another raft down toward her. She did not hear or see any warnings before the raft struck her leg, causing her to fall forward and injure her left knee.
Damages
SeaWorld’s negligence and its employees’ actions caused Ms. Graves to suffer serious injuries. She experienced physical pain, disability, and disfigurement. Her injuries also led to mental anguish and a reduced quality of life. She required hospitalization and ongoing medical treatment, which resulted in significant expenses. Additionally, she lost wages and her ability to earn income, both in the past and potentially in the future. Her injuries have caused lasting harm, affecting multiple aspects of her life.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Patricia Almeida-Graves
- Counsel for Plaintiff(s): Matthew Watson Lastrapes | Seth R Carroll
- Defendant(s): SeaWorld Parks & Entertainment L.L.C.
- Counsel for Defendant(s): Ashley Walker Winsky | Jeffrey Paul Miller | Katherine Elizabeth Pollard
Claims
Negligence Claim Against SeaWorld
Ms. Graves alleged that SeaWorld and its employees acted negligently, leading to her injuries. The two ride attendants in the loading area were SeaWorld employees performing their job duties at the time of the incident. As their employer, SeaWorld was responsible for their actions.
SeaWorld had a duty to maintain a safe environment and to warn guests of any known or foreseeable hazards. This responsibility included ensuring that riders were protected from descending rafts while boarding the Aquazoid ride. However, SeaWorld failed to provide adequate warnings about this danger.
The ride attendants contributed to the unsafe conditions by removing a raft from the bottom of the roller assembly without confirming the area was clear. They also allowed Ms. Graves to stand in a position where a descending raft could hit her. Additionally, they failed to warn her of the approaching raft or take any steps to prevent the accident, despite knowing she was unaware of the risk. Their inaction resulted in Ms. Graves being struck and injured.
Defense
SeaWorld, operating as Water Country USA, denied liability for Ms. Graves’ injuries and challenged her claims. It asserted several defenses, reserving the right to modify its response as new evidence emerged during the case.
First, SeaWorld denied all allegations not explicitly admitted and rejected any obligation to compensate Ms. Graves. It argued that she had no right to the relief she sought. Additionally, SeaWorld claimed that Ms. Graves failed to present a valid legal claim, as outlined in its motion to dismiss.
SeaWorld further argued that the conveyor system was an open and obvious hazard. A reasonable person exercising ordinary care would have recognized the risk. The company contended that Ms. Graves’ failure to notice this danger made her partially responsible for her injuries. Because of this alleged contributory negligence, SeaWorld asserted that she was barred from recovering damages.
Jury Verdict
On March 13, 2024, the jury found that the Defendant’s employees working on Aquazoid on August 22, 2015, were not negligent and that their negligence was not the proximate cause of Plaintiff’s injuries. The jury’s verdict in favor of the Defendant closed the case, with no negligence found.
On March 15, 2024, Elizabeth W. Hanes entered a judgment consistent with the verdict.
Court Documents:
Documents are available for purchase upon request at jurimatic@exlitem.com
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