Paintball R adventure park

Paintball at the now defunct R Adventure Park.

LOGAN — A judge is ready to hear arguments on how much in damages a Logan adventure sports business should pay an Akron couple for an injury one of them allegedly suffered while playing paintball. The business, however, appears to no longer be in existence.

In a judgment entry filed March 26, Hocking County Common Pleas Judge John T. Wallace ruled in favor of plaintiffs Erik and Mikaela Etapa in their lawsuit against R Adventure Park, LLC (RAP). The couple won their suit by default because the company had never filed an answer to it, despite having been served with the complaint.

The Etapas have asked for $400,000 in damages. On June 28, the court set a damages hearing to take place Aug. 9.

The couple filed their suit in October 2020. In it, they alleged that on Oct. 5, 2019, Erik Etapa was playing paintball at RAP’s location on Sauer Kraut Road in Logan, “when he fell on an unusually sharp and dangerous object, suffering a severe leg laceration.”

Because RAP knew that people playing paintball “would be running, sliding, crawling and falling,” and “had actual and/or constructive knowledge of the unusually dangerous object” that injured Erik Etapa, the lawsuit alleges, the park was “negligent, careless, reckless, willful and wanton” in allowing his injury to occur.

Specifically, the complaint alleges, RAP allowed a dangerous condition to exist; failed to make sure that the field of play was clear of objects dangerous enough to injure someone who slid or fell; and failed to warn players of the hazardous situation.

Erik Etapa claims his wound resulted in multiple hospitalizations and surgeries, skin grafting, physical deformity, medical expenses and lost income, and in his wife’s losing his “services, society, consortium and companionship.”

On Feb. 17 the Etapas filed a motion for default judgment, noting that RAP had been served with a summons and complaint on Nov. 5. Under Ohio civil rules, RAP then had 28 days to answer the complaint, which it failed to do.

The default judgment motion also expanded on Erik Etapa’s claims about his injury, stating that he “has suffered a permanent deformity to his left leg” in the form of “a large, ugly scar and indentation underneath his left knee,” and has run up more than $100,000 in medical bills.

According to business records on file with the Ohio Secretary of State’s office, RAP, which registered as a limited liability company in April 2014, filed a certificate of dissolution effective July 1, 2020 – before the Etapas’ lawsuit was filed. The company’s status is now listed by the Secretary of State’s office as dead.

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