Breedlove Ex Rel. Howard v. AEROTRIM

TYSON, Judge.

Defendant, Aerotrim, U.S.A., Inc. (“Aerotrim”), manufactured, marketed, and sold a “human gyroscope” amusement ride to defendant, Matthew Gellert (“Mr. Gellert”). Mr. Gellert contracted with the City of Asheville, North Carolina to operate the human gyroscope at the City’s 1995 Bele Chere Festival.

On 30 July 1995, plaintiff, ten-year-old Brian Breedlove (“Brian”), attended the Bele Chere Festival. Brian paid five dollars to Mr. Gilbert to ride the human gyroscope. Mr. Gilbert strapped Brian in the ride at his waist and ankles. During the ride, the waist assembly came loose.…