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Bizarre Halloween Lawsuits

Grinning Halloween lantern vector illustration.     As if Halloween isn’t scary enough, check out these five bizarre Halloween lawsuits.

1.  Deborah Mays v. Gretna Athletic Boosters Inc. The defendants (Gretna Athletic Boosters) who operated a haunted house, were taken to court by Mays who became frightened when an employee jumped out at her. She ran into a cinderblock wall covered with black fabric and needed two surgeries to repair her broken nose. The court found that the Boosters had “no duty to protect Mays from her reacting in bizarre, frightened and unpredictable ways” because that is the natural and expected reaction to haunted houses. The court recognized that haunted houses are intended to scare people and accomplish that end by producing an environment with limited lighting and scary surprises.

2. Durmon v. Billings. The plaintiff (Durnom) met with a figure dressed as Jason Voorhees from the popular horror film “Friday the 13th” while walking through the defendants’ (Billings) corn maze. Durmon approached “Jason” who wore a costume and mask and wielded a running chainsaw above his head. Durmon attempted to run away, but fell and broke her leg. In the lawsuit, Durmon charged the maze owners with negligence for the muddy condition of the field and for allowing “Jason” to use an instrument that could have harmed her. The court found that, upon entering the maze, Durmon had paid to be frightened and that the maze’s condition was obvious. Therefore, the Billings were not responsible for protecting her from “Jason.” If the Billings had failed to mention to their insurers that they operate a corn maze on their land, any accident occurring there would not have been covered by the insurance policy. If found at fault for an accident, the defendants would be solely responsible for paying the settlement.

3. Susan and Frank Ferlito attended a Halloween party dressed as Little Bo Peep and one of her sheep. Frank lit a cigarette and ignited his sheep costume, which was constructed from Johnson & Johnson cotton balls. A jury found the couple 50 percent at fault, but still awarded them a combined $625,000.

4. A female sales employee filed a sexual harassment lawsuit when a male manager made lewd comments about her doctor costume. He unbuckled his pants, motioned to his groin, and said, “Here Doctor. It hurts here.” The defendant was ordered to pay a civil penalty of $50,000 and related attorney fees for the plaintiff at the conclusion of Devane v. Sears Home Improvement Products Inc.

5. Megan Duskey went to the Haunted Hotel Ball hosted by Palmer House Hilton in Chicago in 2010. Instead of a fun night with friends, Megan fell four floors to her death after attempting to slide down a railing and suffering head trauma. Her parents filed suit alleging negligence on the part of Palmer House Hilton as well as the event companies hosting the party. The suit claims that the hosts and hotel allowed guests to consume unlimited amounts of alcohol and failed to provide adequate security. The plaintiffs seek more than $500,000 in compensation for their daughter’s death. The lawsuit is still ongoing.