“The Defendant simply wishes the Court overlook that Skelly’s is literally in the business of packing, transporting, operating, and re-packing of tons of carnival equipment throughout the tri-state area during their operating season,” Milton Brown, one of the family’s attorneys, wrote in brief opposing a change in sites.
“A handful of Middlesex County Superior Court appearances by individuals during this litigation is certainly not more burdensome from a strictly convenience standpoint,” Brown wrote.
The case involves at least 20 witnesses currently, nearly all from South Jersey including 10 from Cumberland County, plus seven New Jersey State Police troopers.
Attorneys for Skelly’s Amusement, which is based in Gloucester County, suggested in their briefs that Middlesex was a move that plaintiff attorneys had made to find a court climate more favorable to the family. They argued the case properly belongs in Cumberland, or alternatively in Gloucester, for legal and pra
The fifth grader was at the festival with her family. She was on a ride identified in court documents as the Super Sizzler.
Attorneys for the family allege the ride was not stopped immediately after the girl was thrown off it, resulting in further injury. McMullen died later that day at Cooper University Hospital in Camden.
A state police spokesman on Friday said the accident investigation is active.
Parents Amanda and Christopher McMullen have hired two law firms. Their attorneys have stated they are exploring wrongful death, survival action, and emotional distress lawsuits.
Cherry Hill attorney Louis DeVoto filed a request in December 2020 with the Middlesex County Superior Court for access to all state police reports. The state Attorney General s Office said the file is not considered a public record and a court order would be needed to release it, DeVoto told the court.