(CN) - A man who crashed out of a waterslide pool at an amusement park will have the chance to prove that his weight did not cause the accident, the New York Court of Appeals ruled.
Anthony Mussara sued Mega Funworks Inc. for an injury he suffered on the Pirate's Plunge ride at the Splashdown Park in Fishkill, N.Y. He also sued the designers of the waterslide and the 50-foot splash pool at the bottom.
Since some riders reached the end of the splash pool during testing, Splashdown instituted a 200-pound weight limit for riders. It also instructed guests to slow themselves down by pulling back on the inner-tube handles. Before he rode the Pirate's Plunge, Mussara, who weighed more than 200 pounds, checked to see if his son was tall enough to ride it, but he did not read the other warnings.
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