Parent’s Not Responsible for Son’s Amusement Park Altercation

Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.

In the case of Swift v. Jodlowski, Jessica Swift, an employee at Lake Compounce Amusement Park in Bristol Connecticut, , sued Krzysztof Jodlowski and his parents for injuries she received as a result of an altercation which occurred at the park. Swift brings claims of negligence and intentional assault against the family. Specifically, Swift brings action against Krzysztof’s parents, claiming they were legally responsible for the malicious behavior of their son. In law, negligence is the failure to use reasonable care, resulting in damage or injury to another. Intentional assault is an act intended to cause apprehension of harmful or offensive contact, which causes apprehension in the victim that harmful or offensive contact could occur.

On August 28, 2010, Swift noticed Krzysztof assault a woman. When Swift intervened, he attacked Swift, causing her injury. She suffered additional injury when Krzysztof’s son, Adam, caused her to fall. Additional claims were made that Krzysztof had consumed alcohol, failed to take insulin, and was suffering from diabetic shock.

Krzysztof's parents moved for summary judgment, or a preemptive decision by the court. A court may only do this “if a fair and reasonable person could conclude only one way.” Krzysztof’s parents argued that they owed no legal duty to the Swift on behalf of their son. The court granted summary judgment for this claim. “There is no claim that [Krzyzstof’s parents] had legal custody, control or conservation of their son. They were not even present” said the court. “As the only connection between [the parents] and Krzysztof is that he lived at their home, the plaintiff failed to set forth any factual basis upon which a jury could hold Jan and Alina accountable to the plaintiff.”

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained. 

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Jessica Swift v. Krzysztof Jodlowski et al., 2014 Conn. Super. LEXIS 686, 2014 WL 1647088 (Conn. Super. Ct. Mar. 25, 2014)