Lawsuit says boy fell from carnival ride at Buckhead nightclub’s event

The chair swing as identified on the Burgess website.

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The chair swing as identified on the Burgess website.

A lawsuit filed recently claims two metro Atlanta companies were negligent in a 2015 incident that injured a young child during a carnival ride.

The 4-year-old boy, identified in the Aug. 30 complaint as L.S., was on a motorized chair swing ride at a “pop-up” amusement park in the Gold Room nightclub’s parking lot. He fell out of his seat while the ride was still moving and hit his head on metal fencing and concrete around the ride, lead counsel Rod Dixon said.

The child’s mother, Yolanda Sims-Smith, filed the lawsuit against Gold Room and Burgess Amusements and Special Events. It alleges the amusement company failed to adhere to its weight restrictions and didn't ensure the child was secured before starting the machine.

Burgess President Ron Dudik Jr. said Tuesday the company is reviewing the case with counsel.

“I can say that safety is our paramount concern and priority,” Dudik said. “From our investigation after the incident, we found our ride was in good working order, and our ride operators followed all applicable laws and safety guidelines."

Burgess was paid by Gold Room to plan certain aspects of the private event, Dudik said.

Gold Room has not returned messages for comment.

The lawsuit says defendants did not inform Sims-Smith of the weight requirement or ensure L.S. was at least 50 pounds. The child weighed about 31 pounds, the filing says.

Dudik would not say whether weight requirements were displayed on or near the ride, citing the ongoing case. He also said there are incorrect details in the lawsuit, but declined to elaborate.

After L.S. fell, he was taken to the hospital because he lost consciousness and suffered seizures and acute respiratory failure, Dixon said. He has received neurological treatment and will require continuing treatment and evaluation, according to the Dixon Davis law firm attorney.

The lawsuit, filed in Fulton County State Court, seeks unspecified compensation for personal injuries, pain and suffering, and other damages.

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