“The Defendant simply wishes the Court overlook that Skelly’s is literally in the business of packing, transporting, operating, and re-packing of tons of carnival equipment throughout the tri-state area during their operating season,” Milton Brown, one of the family’s attorneys, wrote in brief opposing a change in sites.
“A handful of Middlesex County Superior Court appearances by individuals during this litigation is certainly not more burdensome from a strictly convenience standpoint,” Brown wrote.
The case involves at least 20 witnesses currently, nearly all from South Jersey including 10 from Cumberland County, plus seven New Jersey State Police troopers.
Attorneys for Skelly’s Amusement, which is based in Gloucester County, suggested in their briefs that Middlesex was a move that plaintiff attorneys had made to find a court climate more favorable to the family. They argued the case properly belongs in Cumberland, or alternatively in Gloucester, for legal and pra
Report on 2019 festival ride death says boy tried to save falling girl burlingtoncountytimes.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from burlingtoncountytimes.com Daily Mail and Mail on Sunday newspapers.
UpdatedWed, Mar 3, 2021 at 10:04 pm ET
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EAST BRUNSWICK, NJ The family of a 10-year-old South Jersey girl who died when she was ejected from an amusement park ride in 2019 has now sued the makers of that ride, alleging they knew the ride was dangerous.
The suit was filed Feb. 22 in Middlesex County Superior Court and the lawsuit highlighted that the same ride has been used every year since 1998 at the Middlesex County Fair.
The ride is the Xtreme Super Sizzler, owned by Skelly s Amusements. Skelly s provides the rides for many fairs throughout New Jersey, and the Sizzler is a very common and popular amusement park ride. The Sizzler is very similar to the Scrambler.
McMullen suffered grievous wounds, including head and brain injuries, and died later that night at a hospital. Witnesses to what happened include two siblings and her grandmother.
The New Jersey State Police and the N.J. Department of Community Affairs are conducting separate investigations. At least some evidence collected in those investigations is expected to be used in the two cases filed last week in Middlesex County Superior Court.
Parents and relatives of McMullen filed related lawsuits on Feb. 22 and Feb. 23.
The principal legal targets are the Colorado-based manufacturer, variously doing business as 741 Inc. and Wisdom Rides of America, and Skelly’s Amusements, the Williamstown-based owner and operator of the machine blamed in McMullen’s death.
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