Wichita inflatables company settles fatal-fall suit [The Wichita Eagle, Kan.]

Dec. 09--The mother of a Wichita boy who died last year after a fall from an inflatable ride has received a $435,000 settlement from the business that owned and operated the ride.

Five-year-old Matthew Branham died March 22, 2010, after falling from an inflatable ride at Pure Entertainment, a facility near Kellogg and Tyler, and hitting his head on a concrete floor.

His mother, Sarah Ruggiero, filed a civil lawsuit against Moonwalks For Fun Inc., saying the company operated equipment in a dangerous manner. Moonwalks for Fun owned the equipment operated by Pure Entertainment.

According to documents filed in Sedgwick County District Court, Ruggiero received $425,000 from State Auto Insurance Cos. and $10,000 from Duane Zogleman, owner of Moonwalks for Fun, as settlement in the wrongful death suit.

"Although no amount of money will ever compensate Sarah for the loss of her son, it was always her desire to use this lawsuit to permanently end Moonwalk's reckless and dangerous practices that exposed children to injury and death," said Todd Shadid, Ruggiero's attorney, in a statement e-mailed to The Eagle.

"She has achieved this goal, which for her is the most meaningful tribute in memory of Matthew."

Earlier this year, the Wichita City Council revoked Moonwalks for Fun's license to operate inflatables in the city, citing a five-month gap in the company's liability coverage. Prior to that, the company had its license suspended for 90 days because the city said its rides hadn't been properly inspected.

Zogleman did not comment on the settlement Thursday, saying only, "You'll have to talk to my attorney."

The attorney, David Brake of Chanute, did not return phone calls.

Pure Entertainment remains open and is operating as a "party, play and event center," according to a man who answered the phone but declined to identify himself. Asked whether the facility still operates inflatable rides, the man said, "I cannot comment to you."

According to the lawsuit, Ruggiero held her son's 5th birthday party at Pure Entertainment on March 18, 2010. One of the inflatable units set up for the party was called King of the Hill. The ride is designed like a large mattress -- flat except for a bulge in the middle -- and is surrounded by a 2-foot-high inflatable barrier.

During the party, an employee instructed guests to place a child in the center of the unit, which caused the center to sink, said Shadid, Ruggiero's attorney. Then he jumped on one side of the ride and told adults to jump on the other, "which caused the child in the center to launch into the air," the lawsuit said.

Four days later, Matthew and his family visited Pure Entertainment again, using free passes they received at the birthday party. When family members performed the same maneuver on the King of the Hill inflatable that day, the lawsuit said, Matthew flew over the barrier and landed headfirst on the concrete floor.

The lawsuit also alleged that the ride was underinflated and unsupervised, and that young children were allowed on the ride despite a manufacturer's guideline of "8 years old and up."

Wichita police investigated Matthew's death, but no criminal charges were filed.

Shortly after the death, Zogleman said the child's fall was the result of customers misusing the equipment.

"The unit wasn't used in the manner it was intended," he told The Eagle in March 2010. "We want people to be responsible and help monitor their own kids."

The incident prompted Wichita city leaders to review their process for regulating portable amusement rides. In August 2010, they enacted tougher restrictions aimed at better safeguarding children on inflatable, moonbounce-style rides.

The amended ordinance toughened ride inspections and requires anyone operating inflatables -- including nonprofit groups that own rides and families who rent them for private parties -- to be trained in proper setup, safety and emergency procedures.

Reach Suzanne Perez Tobias at 316-268-6567 or [email protected].

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