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MERCEDES v. AMUSEMENTS OF AM.

160 A.D.2d 630 (1990)

Francisco Mercedes, an Infant, by His Mother and Natural Guardian, Angela C. Mercedes, et al., Respondents, v. Amusements of America, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 26, 1990

In this personal injury action plaintiffs Luis Hernandez, an adult, and Francisco Mercedes, two years old at the time of the accident, were injured while riding an amusement ride known as "Sizzler" at a parking lot carnival. Plaintiffs' theory was that Mr. Hernandez and Francisco were thrown from the car while it was in motion because the ride's operator had not properly locked the safety bar. The theory of the defendant, which...

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