IALDA, as a nationwide, non-profit association of lawyers and other professionals actively engaged in representing the interests of members of the amusement and leisure industry, recently filed a brief as Amicus Curiae in the Eleventh Circuit. There is currently a case pending in the Eleventh Circuit, the outcome of which could have a significant impact on the industry for both operators and manufacturers alike. The plaintiff, Dylan Campbell, who was born without a right forearm and hand, was denied access to various waterslides at a water park in May of 2019. Campbell sued alleging violation of the Americans with Disability Act of 1990 (ADA) in the Middle District of Florida. Following cross motions for summary judgment, the District Court ruled in favor of the defendant, Universal City Development Partners, Ltd., granting summary judgment. The plaintiff has appealed to the Eleventh Circuit.
Briefing in this appeal began back in June of 2022. After the plaintiff filed his brief on June 2, the U.S. Department of Justice filed its brief as Amicus Curiae in support of the plaintiff on June 9. In September, IALDA’s Board of Directors formed an Amicus Committee to be tasked with submitting an Amicus brief on IALDA’s behalf in support of the defendant. IALDA’s motion requesting leave to file an Amicus brief, with the proposed Amicus brief attached, was filed on September 30. The Eleventh Circuit granted IALDA’s motion, thereby accepting the proposed Amicus brief, on October 21. Jerry Landers, IALDA Board Member and Past President and a practicing Georgia attorney, signed the brief on behalf of IALDA. In addition, Paul Cavanaugh (IALDA Board Member and Vice President), David Daly (IALDA Board Member and Past President), and Clodagh Lane from Daly Cavanaugh LLP are appearing pro hac vice. IAAPA and WWA also filed a joint Amicus brief in support of the defendant.
To read the Amicus brief filed by IALDA, please click here.
IALDA proudly sponsored the Keynote Sessions at the recent WWA Annual Symposium & Trade Show in Las Vegas! IALDA Secretary Gaylee Gillim is pictured below with one of the signs acknowledging the sponsorship. IALDA also receives excellent recognition in e-mail blasts, convention materials, and on-screen during the sessions.
of Lake Angelus, passed away at his home on January 19, 2017 surrounded by his family. He is survived by his loving wife, Terry Lee (Campbell); children, Terese and Tony Anselmi; his beloved mother, Marilyn Anselmi; siblings, Kim (Mark) Majoros, Holly Anselmi, Tobin (Kim) Anselmi; father in law, John Campbell, and sister in law, Kim (Matt) Decovich. He was a loving uncle to Stephanie (Dan) Levine, Zachary Anselmi, Daniel Anselmi and Ashely (Brent) Meschke. Kurt was preceded in death by his father, Albert H. Anselmi. Kurt’s youth was spent devoted to the sport of roller skating where he was a perfectionist in style, grace and athleticism. Kurt won many national championships in both singles and pairs, and was a U.S. World Team member multiple times. Roller skating at the Rolladium, his family’s business in Waterford, is where he met and fell in love with his wife Terry. They continued their passion for the sport through coaching and eventually taking over the business. Kurt was inducted into the Roller Skating Association (RSA) Hall of Fame in 2016. Kurt was a 1972 graduate of Waterford Township High School. He received his bachelor’s degree from University of Michigan (1976) and Juris Doctor degree with honors from Detroit College of Law (1981). Kurt was licensed to practice law in Michigan, Colorado and Ohio. Kurt co-founded Anselmi & Mierzejewski P.C. in 1988. With his guidance as managing partner, the firm grew over the last 29 years to more than 20 lawyers and is now one of the fifty largest law firms in Michigan. Kurt was one of the most prominent, accomplished and respected attorneys in the amusement industry. In 1991, Kurt was one of six charter members of the International Amusement and Leisure Defense Association (IALDA) and served the Association as president and member of the board of directors. He was the author of the Michigan Roller Skating Safety Act of 1988, the first of its kind in the country. Ten other states followed Kurt’s lead. Kurt was the co-author of the Roller Skating Risk Management Guidelines which were endorsed by the RSA. He was the co-author of dozens of articles on risk management and served on the RSA Risk Management Committee. Kurt presented Risk Management and Litigation seminars at the RSA convention, the World Water Park show and the IAAPA Expo. Few people knew as much about the subject of risk management as Kurt. Kurt lived life to the fullest and was admired by many for his adventurous spirit. He was a true and passionate outdoorsman. His favorite place was the mountains of the West – hunting, skiing and riding his motorcycle.
John Grund was Vice President and Board Member of IALDA.
Despite John’s 50 years of major disability from a trampoline incident, John never let his physical infirmities get in the way of his active life and law profession. John was one of the top western mountain region trial attorneys defending the amusement and recreational industries for many years.
John set the standard for exemplary legal ethics and love of the law.
We at IALDA will miss John’s brilliant mind, caring for others, and his constant optimism and cheerfulness for life.
IALDA is pleased to welcome Christian Stegmaier of Columbia as our first member from South Carolina. Christian is a shareholder and chair of the firm’s Retail/Hospitality/Entertainment Practice Group. Christian’s focus in this practice group is in claims involving premises liability, loss prevention, food adulteration, third party torts and alcohol liability. Additionally, he is involved in matters pertaining to ADA issues and licensure and other administrative decisions of state regulatory agencies.
IALDA sponsored the keynote speaker session at the 2011 World Waterpark Association trade show and symposium. Pictured are Board members Gaylee Gillim and Joe Brownlee.
John Paul Scott is the owner of CREATE Access, Architects/Consultants and is also the Deputy Director Physical Access for the City and County of San Francisco Mayor’s Office on Disability. Mr. Scott is an expert in the Americans with Disabilities Act as well as other accessibility regulations. Mr. Scott has previously presented multiple seminars with IALDA on the subject of accessibility and we are pleased to welcome him as a member.
Tom Wolf joined Reminger Co., L.P.A. as a law clerk in 1992. Since that time, Mr. Wolf’s practice has encompassed a diverse range of practice areas including professional sports teams and their venues as well as water parks, manufacturers, roller rinks and bowling alleys. We are pleased to welcome Tom Wolf to IALDA.
In Munoz v. North Pointe Casualty Insurance Company and Red Rock Adventure Sports, LLC d/b/a Skate Galaxy, the 19th Judicial District Court for the Parish of East Baton Rouge, Joe Hassinger and Carlina Eiselen were able to obtain summary dismissal of all claims upon showing that plaintiff was not injured because of broken roller skates but because he was jumping and running while wearing the skates. The insured skating rink’s accident response procedures were key to this victory. The rink captured plaintiff’s mischievous behavior on video and also retained the skates that plaintiff was wearing. Both were admitted into the record providing definitive proof that plaintiff filed a frivolous lawsuit.
Burrle
In Burrle, et al. v. Charles, et al., the 24th Judicial District Court for the Parish of Jefferson held that summary dismissal of plaintiff’s claims against the skating rink was proper. Plaintiff, who was attending a school field trip at the rink, alleged that she tripped and fell on plastic beads located on the skating floor. Joe Hassinger and Carlina Eiselen obtained favorable testimony from the plaintiff and from school administrators who attended the field trip. That testimony, along with proof that Skate Country sweeps the skating rink floor prior to and after every skating session, and had appropriate supervision of the floor, led the Court to grant summary judgment and dismiss all claims.
The Colorado Defense Lawyers Association presented the President’s Professionalism Award to John W. Grund, the founder and managing shareholder of Grund, Dagner & Nelson in Denver. A DRI member for 20 years, Mr. Grund has chaired DRI’s national Amicus Committee since 2005, and he served on DRI’s Strategic Planning Committee from 2002-2004. He is an active member of DRI’s Product Liability Committee.
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