2008 trial date set in Herschend lawsuit

A September 2008 trial date has been set in Herschend Family Entertainment's federal lawsuit against Sherwin-Williams, according to an article in today's Springfield News-Leader.
In the lawsuit, first revealed in the May 8 Turner Report, Herschend Family Entertainment is trying to recoup a half-million settlement it paid to a woman who slipped and fell, injuring himself at Celebration City. Herschend also owns Silver Dollar City.

According to the lawsuit, "Plaintiff Herschend was sued in the Circuit Court of Taney County on or about March 6, 2006, by Judy and Jack McRobb, who alleged that Herschend was negligent in that on July 1, 2004, McRobb slipped and fell on a surface that was not 'reasonably safe for use.' McRobb went on to allege that Herschend was 'negligent in one or more of the following ways' and listed numerous dangerous conditions arising from the 'slippery' surface on which McRobb fell.
"Due to the fall, Judy McRobb claimed significant injury to her neck (requiring a neck fusion surgery) shoulder (including a torn rotator cuff) low back (including a herniated disc); hip and leg. Judy McRobb's hsuband asserted a loss of consortium claim for his wife's injuries"

The Herschends claim that while they were remodeling Celebration City, Sherwin-Williams "came to the facility to provide professional advice on what non-skid concrete sealer should be used."

The Herschends say that after investigating the matter, they paid the McRobbs $500,000 and they are asking to be reimbursed and for any other damages and costs that may be appropriate.