MYRTLE BEACH, SC (WMBF) - A lawsuit has been filed against Broadway at the Beach and others after two women broke multiple bones on the “Pipeline Slide.”
According to the lawsuit, Ally Mulcahy and Jillian McGovern are both from New York and were visiting Myrtle Beach for a friend’s wedding.
Following the wedding, Mulcahy and McGovern went to Broadway at the Beach which was within walking distance to their hotel, the La Quinta Inn.
“In the early morning hours of April 30, 2017, the Plaintiffs walked back to their hotel,” says the lawsuit. “They passed by Pavilion Park Central, which was closed. Even though it was closed, the Plaintiffs were easily able to move the unsecured gate at the entrance to the Pipeline Slide and climb the stairs to the top of the slide.”
The lawsuit states the slide is described as the “largest dryside on the east coast,” standing at 80 feet tall and providing a journey of 200 feet.
“When Pavilion Park is closed, there is no barrier or separation to keep patrons from Broadway at the Beach from entering any of the entrances of Pavilion Park, including the one at Pavilion Park Central,” claims the suit. “In addition to patrons being able to access the park after hours, Pavilion Park fails to secure its rides and amusements, including Pavilion Slide. After hours, there is only a plastic gate blocking the entrance to the slide, and it is not locked nor otherwise secured to prevent after hours access to the ride.”
The lawsuit claims since no employees were present to instruct the women on how to use the slide, they were not aware that they needed to have the slide sprayed with water, nor did they know that they needed a burlap sack to safely go down the slide.
“Without these safety precautions, the Plaintiffs slid down the slide at a very high velocity, colliding with the metal barrier at the bottom of the slide. As a result of the collision, both Plaintiffs sustained significant injuries," says the lawsuit.
The lawsuit states the women were taken to Grand Strand Regional Medical Center later in the morning on April 30, 2017, where they received medical attention to stabilize their injuries. They then returned home and received additional medical care in New York for the full treatment of their injuries.
“Ally sustained a broken right ankle, broken left ankle and multiple fractures to her left tibia, which has required surgeries and therapy to repair. Jillian sustained a broken tibia, shattered knee plate and two broken ankles," the lawsuit says. “Both have had an extended recovery period due to their significant injuries and surgeries required to repair the injuries. They have also had to take significant time off work. Neither Plaintiff has fully recovered from her injuries.”
The defendants listed on the suit are BN Performance Rides, Amusements of Rochester d/b/a Powers Great American Midways, Burroughs & Chapin Company, Inc., The Pavilion Nostalgia Park, LLC, Broadway at the Beach, Inc., and Broadway Amusement Rides, LLC,
“The Defendants failed to secure Pipeline Slide, knowing that patrons of Broadway at the Beach would be passing through and have open access to Pavilion Park at all hours of the day,” the lawsuit states. “In the manufacture and design of the slide, BN failed to install proper safety equipment to secure the Pipeline Slide when not in use. As a result of the Defendants’ negligence, carelessness and recklessness, the Plaintiffs were not prevented from accessing the Pipeline Slide, nor were they provided the proper instruction and materials for safe operation of the slide. As a result of the Defendants’ negligence, carelessness and recklessness, the Plaintiffs were severely injured. They have received substantial medical care and incurred damages as a result of the Defendants’ inactions.”
The lawsuit says the women "pray for judgment against Defendants for actual, consequential and special damages, for an award of punitive damages, for costs and attorneys’ fees and for such other and further relief as this court deems just and proper.”