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Nilson v. Hershey Entertainment and Resorts Co.

September 14, 2007

TYLER NILSON, KENNETH NILSON, AND KELLY NILSON, PLAINTIFFS,
v.
HERSHEY ENTERTAINMENT AND RESORTS COMPANY, AND GREAT COASTERS INTERNATIONAL, INC., DEFENDANTS.



The opinion of the court was delivered by: Sylvia H. Rambo United States District Judge

JUDGE SYLVIA H. RAMBO

MEMORANDUM

Before the court is Defendants' motion to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim. The parties have briefed the issues, and the matter is ripe for disposition.

I. Background

Plaintiff, a minor, brings the captioned action by his parents, in which recovery is sought for damages for personal injuries allegedly sustained as a result of having ridden a rollercoaster at Hersheypark, Pennsylvania. In the amended complaint Plaintiff alleges the following counts against Defendants, Hershey Entertainment and Resorts Company, ("HE&R") and Great Coasters International, Inc., ("GEII"):

1. Negligence, Gross Negligence, and/or Recklessness;

2. Product defect / Product Liability;

3. Product defect / Product Liability / Failure to Warn;

4. Breach of Contract;

5. Breach of Warranties;

6. Fraudulent Misrepresentation / False Advertising / Failure to Warn;

7. Wanton and Willful Disregard for Plaintiff's Safety;

8. Punitive Damages; and

9. Joint and Several ...


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