News

IALDA Files Amicus Brief in the Eleventh Circuit

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 Sponsors Keynote Sessions at WWA 2018

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.

Summary Judgment Victory Secured for National Roller Skating Rink Operator

David M. Bennett and Shauna M. Martin were successful in having their Motion for Summary Judgment granted and the case dismissed for their clients, Dr. Martin Luther King, Jr. Park and Family Entertainment Center and its operator, United Skates of America, Inc., in Chicago, Illinois.  The 53 year old plaintiff claimed for the first time at her deposition that she skated over a piece of candy which caused her to fall, severely injuring her back.  However, plaintiff admitted at her deposition the candy must have been invisible because she never saw it before or after she fell, she did not know how long the candy was on the rink floor and her family members admitted to never seeing the candy at their depositions.  The employees testified by their depositions, incident report, and employee statements that plaintiff told them a boy cut her off and caused her to fall.

 

The judge granted the Motion for Summary Judgment and ruled there was no evidence that the rink employees had any actual or constructive notice of any candy on the rink floor and the plaintiff’s case was barred by the immunity provisions of the Illinois Roller Skating Rink Safety Act since the roller rink complied with the provisions of the Act.

Kurt Anselmi – One of IALDA’s Founding Members

ANSELMI Kurt Anthony

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.

 

In lieu of flowers, memorials may be made to Wounded Warrior Project or National Museum of Roller Skating.

 

WWA 2014 in Las Vegas

Come join IALDA in Las Vegas as we present “Legal Update: Current Topics and Trends in the Waterpark Industry” on Tuesday, October 29th.  IALDA is also sponsoring the Key Note Session at WWA again this year – which puts the IALDA logo in front of all attendees throughout the entire convention, as well as e-mail blasts beforehand.

 

IALDA at WWA 2013

IALDA once again sponsors the keynote address during the upcoming WWA convention in West Palm Beach, Florida.  We hope you’ll join us as IALDA presents two seminars on Tuesday, October 1st.  Finding Your Way – a Legal Guide to Facility Signage will be held from 8:45 to 9:45 a.m. and Litigation Landscape:  What You Need to Know About Recent Waterpark Cases will be held from 10:00 to 11:15 a.m.

 

John W. Grund, IALDA Vice President (1950 – 2012)

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John Grund (1950 – 2012)

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 at 2012 WWA Convention

  IALDA Board Members Mike Amaro,   Joe Brownlee and Gaylee Gillim at   WWA  

 
 
IALDA presented two seminars at this year’s WWA convention in Las Vegas, Nevada. We had a wonderful turnout for the trade show and convention – Board members Mike Amaro, Joe Brownlee, Dave Daly and Gaylee Gillim were joined by members Dwayne Beck, Tom Brown, Jeff Johnson, John Paul Scott, and Alicia (Caridi) Smith. IALDA signs were prominently displayed at the ballroom entrance to Thursday’s keynote speaker session, and IALDA was also acknowledged on the screen and in person by Rick Root, Executive Director of WWA.

We look forward to our next event at IAAPA in Orlando.