Soucie v. Drago Amusements Co.

Defendant appeals from a circuit court judgment in favor of plaintiff for injuries she received at a carnival which defendant operated. The issues presented include whether: (1) plaintiff proved defendant’s wilful and wanton misconduct; (2) plaintiff, an adult trespasser with a mental disability, was properly allowed to pursue a cause of action sounding in negligence; and (3) the trial was so fraught with error as to deprive defendant of a fair trial.

On August 24, 1980, plaintiff, a 20-year-old woman with a mental disorder, attended defendant’s carnival. Plaintiff entered a trailer parked…