Bostic ex rel. Bostic v. Bill Dillard Shows, Inc.

LOWENSTEIN, Chief Judge.

The then thirteen year old plaintiff, by her next friend, her mother, sued the appellant Bill Dillard Shows, Inc. in negligence for injuries she suffered on a ride run by Dillard as part of a traveling amusement park. Bostic lost a front tooth and part of another when the “Super Loop” ride came to a sudden stop and her mouth hit a metal rod which extended from the side of the seat upward through a padded lap bar and on up to the ceiling. These bars are eight to ten inches from the passenger’s face.

The Super Loop itself is an upright sixty-two foot ride with…