Attorneys for Universal Studios state in new court papers that a judge should dismiss a lawsuit by a 56-year-old North Hills woman who says she fell and was seriously hurt after being surprised by a performer who unexpectedly jumped into her path during Halloween Horror Nights.
Tracy Ann Manis’ Burbank Superior Court lawsuit alleges negligence and premises liability. She seeks unspecified damages.
“Her chronic pain and discomfort detrimentally affects all facets of her daily life,” the suit states.
But on Friday, Universal City Studios LLC attorneys filed court papers with Judge John Kralik stating that the plaintiff’s injuries were caused by Manis’ own negligence.
“This answering defendant (Universal) prays for judgment that the complaint be dismissed,” the venue lawyers argue in their court papers.
However, the Universal attorneys also state that if any negligence is found on its part, the amount of damages should be reduced proportionately by that attributable to Manis’ own actions.
According to Manis’ suit, actors in Halloween-themed costumes and makeup try to “spook and startle” patrons and guests of the theme park during the annual event, including in the Harry Potter ride area where Manis was walking with her family on Oct. 12, 2023.
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Without warning, one of the performers suddenly “jumped out or stepped directly into plaintiff’s path and made physical contact with her, which caused her to trip, lose her balance and fall hard to the ground,” the suit alleges.
Manis suffered serious injuries to her legs, ankles and knees, according to the suit, which further states that park workers gave her ice packs and provided her a wheelchair. Her pain grew worse when she returned home, and she later was diagnosed with a left ACL tear and degenerative arthritis in her left knee, according to the suit, which also states that she suffers from chronic right ankle and foot pain.
The park had an obligation to adequately train, monitor and supervise employees performing for guests during HHN events so that they do not jump or step directly into the paths of visitors, the suit filed April 3 states.