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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Police say it was likely a crime of opportunity, despite the woman saying she was sick.