LOGAN — A Logan adventure sports business’s failure to answer an Akron couple’s lawsuit over an alleged paintball injury has led a judge to grant the couple a default judgment in the case.
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 legal complaint against R Adventure Park, LLC (RAP).
The judge said in the ruling that the court will set a hearing to determine how much the Etapas are entitled to in damages. They have asked for $400,000.
The couple filed their suit in October of last year. In it, they alleged that on Oct. 5, 2019, Erik Etapa was playing paintball at the company’s location on Sauer Kraut Road in Logan, “when he fell on an unusually sharp and dangerous object, suffering a severe leg laceration.”
The lawsuit contends that 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 park was “negligent, careless, reckless, willful and wanton” in allowing his injury to occur.
Etapa claims his leg wound resulted in multiple hospitalizations, multiple surgeries, skin grafting, physical deformity, medical expenses and lost income, and in his wife’s losing his “services, society, consortium and companionship.”
In their original suit each of the two plaintiffs asked separately for judgments of at least $25,000.
On Feb. 17 the Etapas filed a motion for default judgment, noting that after their suit was filed Oct. 19, RAP was served with a summons and complaint on Nov. 5. Under Ohio civil rules, RAP then had 28 days to answer the complaint, which it has failed to do. Therefore, the Etapas argue, they are entitled to default judgment.
The motion also expands 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.
The motion concludes with a request that the court grant the plaintiffs $400,000 in compensatory damages.