Manufacturer defends product

Editor's Note: The following letter is from Charles A. Boyle & Associates, Ltd., the law firm representing Miracle Equipment Company in the much publicized Chicago Park District lawsuit case involving a tornado slide and asphalt surfacing.

This letter is for the purpose of explaining the recent publicity surrounding the settlement of the Franklin Nelson case. Franklin Nelson (then age 23 months) was injured when he fell from a "tornado" slide in a park in Chicago.

The settlement was reached because, under Illinois law, a child of Franklin's age is incapable of contributory negligence. Franklin Nelson was unable by himself to mount the "tornado" slide ladder, which is designed for children three times his age. The actions of his mother in placing him up on the slide ladder without holding him was such that the defendants were not in a position to defend the case other than on the basis of the mother's negligence.

Illinois has recently adopted a rule of law which states that a party defendant may proceed against the parents of a child for their negligence in placing the child in a precarious situation. However, the plaintiffs parents in this situation were judgment proof, meaning they had no insurance or financial assets to satisfy a judgment.

Miracle Recreation Equipment Company has a product, which during the course of the examination by the head of the Chicago Park District, proved to be one of the safest and most useful pieces of playground equipment that the park district maintains and operates. The slide, located at several hundred locations, is used frequently by children during the playground hours.

The "tornado" slide has always met and actually exceeds the safety requirements promulgated by the Consumer Product Safety Commission (CPSC). The significant aspect of the case, omitted in all of the news accounts and articles, is that Miracle has always advised park districts and purchasers of its equipment not to use asphalt or concrete as the surface underneath the slide. Contrary to this advice, asphalt was used underneath the slide from which Franklin fell.

Despite the erroneous media statements suggesting round-the-clock supervision, there are no guidelines that require such playground supervision. Furthermore, based on custom and usage, the state of the art, and the standards promulgated by the CPSC, there is no requirement for any type of signage, be it warning or instruction.

To reiterate the circumstances, we have a young child who could not get on the slide ladder by himself, a mother who placed the lad on the slide, and the Chicago Park District which decided to operate playlots with asphalt surfaces. Although the mother may have been sued under Illinois law, that alternative was not viable for two reasons. First, she was judgment proof. Second, the jury would view the "big corporation" blaming a child's mother for the severe injuries he sustained.

However, since the park district used an asphalt surface against Miracle's advice, we were able to apportion Miracle's contribution of $200,000 less than 10 percent of the present cash value of the total settlement of $2,175,000. The newspapers' reference to $9,000,000 and $26,000,000 is based on the purchase of an annuity and the payments over a guaranteed period or life expectancy, respectively.

Miracle continues to provide the highest quality of safety-conscious equipment and to advise as to its proper installation and placement.

--Charles A. Pat Boyle Attorney-At-Law

Red Cross promotes CPR

The American Red Cross encourages all aquatic personnel to take cardio-pulmonary resuscitation (CPR) and first aid training.

CPR is a prerequisite for the new Red Cross lifeguard course in addition to first aid and advanced lifesaving. Most large park districts also require CPR training for their aquatic personnel.

In Illinois, the Department of Public Health sets standards and requirements for swimming pools and bathing beaches. These include personnel and water quality standards.

Call your local Red Cross for more information on the new lifeguard course.

Pete Czernik
Safety Specialist
American Red Cross
Mid-America Chapter, Chicago

Policy on letters The Illinois Parks and Recreation magazine welcomes letters from its readers. Letters should be written to the editor and they should discuss issues and /or events. They must include the writer's name, address and phone number. It is preferred that letters be limited to two double-spaced typewritten pages in length. The editor reserves the right to edit, condense or reject any letter that does not meet these requirements.

Illinois Parks and Recreation                                 6                                                          May/June 1985