Filing # 98294023 E-Filed 11/04/2019 09:21:12 AM

IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK COUNTY, STATE OF FLORIDA
CIVIL DIVISION

KIMBERLY BARNES, individually and as natural

guardian for E.J.R.P., a minor,

Plaintiff,

-vs- CASE NO.:

CARTER & DEAN, LLC, d/b/a URBAN AIR

ADVENTURE PARK, and UATP
MANAGEMENT, LLC,

Defendants.
/

COMPLAINT
Plaintiff, KIMBERLY BARNES, individually and as natural guardian for E.J.R.P., a minor
(hereinafter referred to as “ Plaintiff’), by and through the undersigned attorney, and sues the Defendants,
CARTER & DEAN, LLC, d/b/a URBAN AIR ADVENTURE PARK, a Florida limited liability company
(“URBAN AIR”), and UATP MANAGEMENT, LLC, a Foreign limited liability company (“UATP”).
JURISDICTION AND VENUE
1. This is a cause of action for damages in excess of Fifteen Thousand Dollars ($15,000.00),
exclusive of interest, fees, and costs.
2. The Tenth Judicial Circuit in and for Polk County, Florida has subject matter jurisdiction
over this cause pursuant to Article V, Section 5 of the Florida Constitution and pursuant to Florida
common law.
3. Venue is proper in the Tenth Judicial Circuit in that the Defendant, URBAN AIR, is a
Florida limited liability company authorized to do business and doing business in Polk County, Florida,
the cause of action that forms the basis of this Complaint accrued in Polk County, Florida, and the
Defendant, UATP, is a foreign limited liability company that is subject to personal jurisdiction pursuant
to section 48.193(l)(a)(l), Florida Statutes, because it operates, conducts, engages in, or carries on a
business or business venture within the State of Florida.
4. Venue is properly vested in this Court pursuant to section 47.051, Florida Statutes, which
provides that actions against foreign corporations doing business in this state shall be brought in a county
where any such corporation has an agent or other representative, where the cause of action accrued, or
where the property in litigation is located.
 THE PARTIES
5. KIMBERLY BARNES is a Parent and Natural Guardian of E.J.R.P., a minor, and at all
times material hereto, resided in Lakeland, Polk County, Florida.
6. At all times material hereto, the Defendant, URBAN AIR, a Florida limited liability
company, was authorized to do business and doing business in Polk County, Florida.
7. At all times material hereto, the Defendant, UATP, was a foreign limited liability that
operated, conducted, engaged in, or carried on a business or business venture within the State of Florida.
8. KIMBERLY BARNES, as the Parent and Natural Guardian of E.J.R.P., a minor, is the
proper party for the purpose of bringing this action.
GENERAL ALLEGATIONS
9. At all times material hereto, the Defendant, UATP, entered into business relationships
with Florida companies, including the Defendant, URBAN AIR; advertised and promoted itself in Florida
and nationally as the leading, full-service family entertainment facility and indoor family amusement
park/theme park franchisor providing site selection, design, construction oversight, trademarks, approved
suppliers, confidential operations manuals, and comprehensive training and operational tools; and sold
franchise opportunities to Florida residents and companies, including the Defendant, URBAN AIR,
through its website from which the Defendant, UATP, derived and continues to derive revenue.
10. UATP grants franchises to Florida residents, including the Defendant, URBAN AIR, for
the operation of indoor trampoline and adventure parks that feature several attractions and amusement
rides such as trampolines, climbing walls, and zip lines (hereinafter referred to as the “business
relationship”). The business relationship is formed and operated pursuant to a franchise agreement and
UATP’s operational standards, specifications, policies, and procedures. Each franchise operates a facility
under the Urban Air Trampoline & Adventure Park name (the “Brand”) and uses proprietary products,
proprietary marks, indicia, and standards of UATP. Once a franchise agreement is entered into between
UATP and a franchisee, UATP then actively participates in, supervises, and exercises direct control, or
has the right to exercise direct control, over several areas of development and operations. These areas
include, but are not limited to, final approval of site selection; final approval of construction plans,
specifications, and drawings; final approval of furnishings, fixtures, and equipment; requires a franchisee
to use the Brand’s proprietary products, proprietary marks, indicia, and standards; requires recordkeeping
and reports; provides training and operations manuals; requires the use of approved suppliers, products,
and services; sets the days and hours of operation; requires a franchisee to operate its business in a
manner that enhances the goodwill of the Brand; controls marketing and advertising; provides ongoing
training and support; and the Defendant, UATP, retains the right to intervene and operate the Urban Air
facility if it is deemed necessary to prevent injury to the Brand’s goodwill and reputation.
 11. At all times material hereto, the Defendant, URBAN AIR, owned, operated, maintained,
and controlled property located at 3800 U.S. Highway 98 North, Lakeland, Polk County, Florida, from
which it conducted business as an Urban Air Trampoline & Adventure Park.
12. At all times material hereto, the Defendant, URBAN AIR, through various forms of
advertising and other means, invited the general public to visit its facility in Lakeland, Florida, which, for
an admission fee, was open to members of the general public, including the Plaintiff, E.J.R.P.
13. The Defendant, UATP, its agents, servants, employees, independent contractors, or others
under its control, acquired, constructed, tested, marketed, advertised, and in exchange for monetary value,
made available to its franchisees and/or business partners, an amusement ride known as “Sky Rider.”
14. The Defendant, URBAN AIR, its agents, servants, employees, independent contractors,
or others under its control, acquired, constructed, tested, marketed, advertised, operated, and/or
maintained the amusement ride known as Sky Rider at its indoor amusement park in Lakeland, Polk
County, Florida.
15. Sky Rider is an amusement ride that operates in a manner similar to a zip line in that it is
a gravity ride that holds one patron at a time. The patron is put in a safety harness that has several parts,
including shoulder straps, waist straps, leg straps, buckles, and loops. As designed, a carbineer is used to
attach the rider’s harness to the trolley. There are three areas that a patron must go through before using
the Sky Rider: the harness area, the adjustment pit, and the start platform, and each area requires an
employee or instructor to check the patron’s harness, straps, buckles, and other components of the ride to
ensure the patron is safely and properly secured. A patron is not allowed to check their own harness. The
harness area is where an employee first puts on the harness and attaches the buckles and straps to the
patron, including the leg straps. The patron is then moved to the adjustment pit, which is accessible
through a secure gate, where the patron descends into an adjustment pit so an employee can conduct a
“safety harness check”. The start platform is the area just prior to discharge and is also where an
employee checks the patron to ensure the harness, buckles, and straps are secure. The patron is then
released holding a front rope designed to be held by the rider to keep them facing forward and to prevent
the rider from spinning. The front rope is not intended to secure the patron to the ride or prevent the risk
of falling. The Sky Rider has a dip several feet into the ride that allows riders to gain speed before
returning to the landing area. Once in the landing area, the patron is removed from the trolley by Urban
Air employees.
16. UATP marketed and made available the Sky Rider to URBAN AIR, and provided
operations manuals and training for the use of Sky Rider to URBAN AIR.
 17. At all times material hereto, URBAN AIR, as the owner and entity in possession and
control of the Urban Air facility in Lakeland, Florida, was responsible for ensuring its facility and
attractions were reasonably safe.
18. At all times material hereto, URBAN AIR, as the owner and entity in possession and
control of the Urban Air facility in Lakeland, Florida, was responsible for ensuring that its facility and
attractions were designed, constructed, and operated in a safe manner.
19. At all times material hereto, URBAN AIR, as the owner and entity in possession and
control of the Urban Air facility in Lakeland, Florida, was responsible for ensuring its managers and
employees were sufficiently trained, knowledgeable, skilled, and capable of safely and properly operating
its facility and attractions.
20. At all times material hereto, the Plaintiff relied upon UATP, whose role is described
above, to ensure the Urban Air facility in Lakeland, Florida, was safely and properly designed,
constructed, and operated and that all persons operating the facility and attractions possessed the requisite
training, knowledge, skill, and ability to do so safely and properly.
21. At all times material hereto, the Plaintiff relied upon URBAN AIR to safely and properly
operate its facility and attractions, and the Plaintiff reasonably believed that URBAN AIR’S managers
and employees operating the facility and attractions possessed the requisite training, knowledge, skill, and
ability to do so safely and properly.
22. On September 1, 2019, the Plaintiff, E.J.R.P, was a customer and business invitee at the
Defendant’s, URBAN AIR, facility in Lakeland, Florida.
23. On September 1, 2019, Kyla Smith, Caleb Hernandez, and Javont Williams, all URBAN
AIR employees, operated Sky Rider during the morning shift. Ms. Smith, Mr. Hernandez, and Mr. Young
had received training and certification as a Sky Rider operator from URBAN AIR.
24. On September 1, 2019, Kyla Smith, Caleb Hernandez, and Javont Williams, all URBAN
AIR employees, were responsible for ensuring that all patrons of the Sky Rider were safely and properly
harnessed, were safely and properly buckled, and were safely and properly attached to the Sky Rider.
25. On September 1, 2019, Kyla Smith, Caleb Hernandez, and Javont Williams, all URBAN
AIR employees, were required to harness and attach one rider at a time to the Sky Rider.
26. On September 1, 2019, Kyla Smith, Caleb Hernandez, and/or Javont Williams, failed to
harness and attach one patron at a time to the Sky Rider. This is an egregious violation of safety standards
and procedures for use of Sky Rider and constitutes reckless disregard for the safety of riders.
27. On September 1, 2019, Kyla Smith, Caleb Hernandez, and/or Javont Williams, failed to
safely and properly harness and buckle the Plaintiff, E.J.R.P., before he was allowed to discharge from the
start platform. This is an egregious violation of safety standards and procedures for use of Sky Rider and
constitutes reckless disregard for the safety of riders.
28. At all times material hereto, Kyla Smith, Caleb Hernandez, and Javont Williams were in
the course and scope of their employment with the Defendant, URBAN AIR.
29. The Plaintiff, E.J.R.P, was allowed to leave the start platform without his harness
properly attached and without his safety harness leg straps secured. When the ride reached the dip, the
Plaintiff lost his grip on the front ropes and fell from the Sky Rider approximately 20-25 feet onto the
concrete surface below resulting in significant injuries (hereinafter referred to as the “Incident”).
COUNT I –URBAN AIR
(Ordinary Negligence)
Plaintiff incorporates by reference paragraphs 1 through 29 as if fully restated.
30. URBAN AIR owed the Plaintiff, E.J.R.P, a duty of reasonable care with regard to the use
of Sky Rider.
31. URBAN AIR breached its duty of care by:
a. negligently failing to provide and operate Sky Rider in a reasonably safe manner,
free of danger;
b. negligently failing to secure or properly secure the Plaintiff’s harness;
c. negligently failing to secure or properly secure the Plaintiff’s leg straps;
d. negligently failing to follow the “harness check” process for the securing of the
Plaintiff;
e. negligently designing, constructing, and operating its facility and the Sky Rider
without the use of safety netting, safety padding, or other safety mechanism to reduce the risk of
foreseeable injury to its patrons, including the Plaintiff, exposed to such risks;
f. negligently failing to operate Sky Rider in a manner so as to avoid foreseeable
injury to patrons, including the Plaintiff, by not securing or adequately securing a the Plaintiff’s harness
and leg straps;
g. negligently failing to provide appropriate restraint systems in its facility to
protect patrons, including the Plaintiff, from the risks of injury presented by Sky Rider;
h. negligently failing to provide appropriate restraint systems in its facility to
protect patrons, including the Plaintiff, from the risks of injury presented by an employee’s improper
operation of Sky Rider;
i. negligently failing to warn of the known and foreseeable risks of not securing or
adequately securing a patron’s, including the Plaintiff, harness and leg straps when using the Sky Rider;
j. negligently failing to take reasonable actions to determine compliance with all
applicable safety laws and codes and maintain and operate the use of Sky Rider only as is consistent
therewith;
k. negligently failing to train or adequately train its employees, instructors,
managers, operators, and/or any other person(s) on the URBAN AIR’S behalf on how to safely and
properly operate Sky Rider, for the protection of the Plaintiff;
l. negligently failing to train or adequately train its employees, instructors,
managers, operators, and/or any other person(s) on URBAN AIR’S behalf on how to safely and properly
secure a patron’s, including the Plaintiff, harness and leg straps when using Sky Rider, for the protection
of Plaintiff;
m. negligently failing to supervise or adequately supervise its employees,
instructors, managers, operators, and/or any other person(s) on URBAN AIR’S behalf during the
operation of Sky Rider; and,
n. was negligent in other respects not yet known at this time.
32. The Defendant, URBAN AIR, is liable for the negligent and otherwise tortious conduct
of its agents, servants, managers, employees, apparent agents, and contractors occurring in the course and
scope of their employment or relationship with the Defendant, URBAN AIR.
33. The risks and dangerous conditions of Sky Rider were created by the Defendant, URBAN
AIR, and, in the exercise of reasonable care, were foreseeable by the Defendant, URBAN AIR.
34. The Defendant, URBAN AIR, knew or should have known of these risks and knew or
should have known that members of the general public, including the Plaintiff, E.J.R.P., were unaware of
the risks and dangerous conditions known to the Defendant through its agents, servants, employees,
and/or independent contractors.
35. The Defendant, URBAN AIR, had a non-delegable duty to use reasonable care in the
design of its business premises, in the method of operation of its business premises, and in the operation
of the Sky Rider within its business premises.
36. As a direct and proximate result of the negligence of the Defendant, URBAN AIR, the
Plaintiff, E.J.R.P., a minor, suffered bodily injury and resulting pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization,
medical and nursing care and treatment. The losses are permanent or continuing and the Plaintiff,
E.J.R.P., a minor, will suffer the losses in the future.
WHEREFORE, the Plaintiff, KIMBERLY BARNES, as the parent and natural guardian of
E.J.R.P., a minor, demands judgment against the Defendant, URBAN AIR, for damages, taxable costs,
and such other relief as the Court deems proper.
 COUNT II – URBAN AIR
(Strict Liability for Ultrahazardous Activity)
Plaintiff realleges and readopts paragraphs 1 through 29 as if fully set forth herein and further
alleges that:
37. The operation of Sky Rider is an ultrahazardous or abnormally dangerous activity as
defined in Sections 519 and 520 of the Restatement (Second) of Torts, which considers the following
factors:
a. the existence of a high degree of risk that the Sky Rider would cause harm to a
person;
b. the likelihood that the harm that results from the Sky Rider will be great;
c. the inability to eliminate the risk of riding the Sky Rider by the exercise of
reasonable care;
d. the extent to which the activity of Sky Rider is not a matter of common usage;
e. the inappropriateness of the activity of Sky Rider to the place it is carried on; and
f. the extent to which Sky Rider value to the community is outweighed by its
dangerous attributes.
38. At all times material, the Defendant, URBAN AIR, operated the ultrahazardous and
abnormally dangerous Sky Rider at its indoor theme park in Lakeland, Polk County, Florida.
39. URBAN AIR had a duty to avoid any harm to its patrons, including the Plaintiff,
E.J.R.P., when using the Sky Rider, which is so inherently dangerous that URBAN AIR is strictly liable
for injuries caused to the Plaintiff, E.J.R.P.
40. Pursuant to the common law doctrine of strict liability for an ultrahazardous activity,
URBAN AIR is liable without regard to fault for the injuries suffered by the Plaintiff, E.J.R.P.
41. As a direct and proximate result of the Defendant’s, URBAN AIR, operation of Sky
Rider as an ultrahazardous activity, the Plaintiff, E.J.R.P., a minor, suffered bodily injury and resulting
pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life,
expense of hospitalization, medical and nursing care and treatment. The losses are permanent or
continuing and the Plaintiff, E.J.R.P., a minor, will suffer the losses in the future.
WHEREFORE, the Plaintiff, KIMBERLY BARNES, as the parent and natural guardian of
E.J.R.P., a minor, demands judgment against the Defendant, URBAN AIR, for damages, taxable costs,
and such other relief as the Court deems proper.
 COUNT III –URBAN AIR
(Violation of Section 616.242, Fla. Stat.)
Plaintiff realleges and readopts paragraphs 1 through 29 as if fully set forth herein and further
alleges that:
42. Chapter 616, Florida Statues, governs public fairs and expositions and amusement rides.
The Sky Rider is an “amusement ride” as such term is defined in §616.242 (3)(a), Fla. Stat., and at all
times material hereto, the Defendant, URBAN AIR, as operator of the Sky Rider and owner of the
business premises in which Sky Rider was operated, was subject to the requirements of §616.242, Fla.
Stat.
43. Pursuant to §616.242, Fla. Stat., the Defendant, URBAN AIR, had a statutory duty to
operate the Sky Rider in a manner that did not pose a health, safety, and welfare risk to its patrons. As a
patron using the Sky Rider at the URBAN AIR’S indoor amusement park on September 1, 2019, the
Plaintiff, E.J.R.P., was among the specific class of persons protected by this statute and to whom this
statutory duty was owed.
44. As a direct and proximate result of the violation of Section 616.242, Fla. Stat., by the
Defendant, URBAN AIR, the Plaintiff, E.J.R.P., a minor, suffered bodily injury and resulting pain and
suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
hospitalization, medical and nursing care and treatment. The losses are permanent or continuing and the
Plaintiff, E.J.R.P., a minor, will suffer the losses in the future.
WHEREFORE, the Plaintiff, KIMBERLY BARNES, as the parent and natural guardian of
E.J.R.P., a minor, demands judgment against the Defendant, URBAN AIR, for damages, taxable costs,
and such other relief as the Court deems proper.
COUNT IV - UATP
(Ordinary Negligence)
Plaintiff incorporates by reference paragraphs one 1 through 29 as if fully restated:
45. UATP had a duty to exercise reasonable care when entering into a business relationship
with persons or companies for the ownership and operation of an Urban Air Trampoline & Adventure
Park;
46. UATP had a duty to exercise reasonable care in approving the design and construction of
all Urban Air Trampoline & Adventure Parks, including the Defendant’s, URBAN AIR;
47. UATP had a duty to exercise reasonable care in the advertising, marketing, sale, and/or
providing of Sky Rider;
48. UATP had a duty to exercise reasonable care in the training and certification of its
franchisees, business partners, their managers, employees, agents, contractors, and any other person(s)
acting on their behalf for the safe operation of an Urban Air facility and its attractions.
49. UATP breached its duties by:
a. negligently entering into a business relationship with the Defendant, URBAN
AIR;
b. negligently designing, or approving the design of, the Defendant’s, URBAN
AIR, facility in Lakeland, Polk County, Florida, without the use of safety netting, safety padding, or other
safety mechanism to reduce the risk of injury to a patron;
c. negligently designing and installing, or approving the design and installation of,
the Sky Rider in the Defendant’s, URBAN AIR, facility in Lakeland, Polk County, Florida;
d. negligently failing to train or adequately train the Defendant, URBAN AIR, and
the managers, employees, instructors, or any other person(s) acting on behalf of the Defendant, URBAN
AIR, responsible for operating Sky Rider;
e. negligently failing to provide ongoing training and education the Defendant,
URBAN AIR, and the managers, employees, instructors, or any other person(s) acting on behalf of the
Defendant, URBAN AIR, responsible for operating Sky Rider;
f. negligently failing to supervise or adequately supervise the Defendant, URBAN
AIR, and the managers, employees, instructors, or any other person(s) acting on behalf of the Defendant,
URBAN AIR, responsible for operating Sky Rider; and
g. negligently failing to comply with the Florida Safety Standards for Amusement
Rides.
50. As a direct and proximate result of the negligence of the Defendant, UATP, the
Plaintiff, E.J.R.P., a minor, suffered bodily injury and resulting pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization,
medical and nursing care and treatment. The losses are permanent or continuing and the Plaintiff,
E.J.R.P., a minor, will suffer the losses in the future.
WHEREFORE, the Plaintiff, KIMBERLY BARNES, as the parent and natural guardian of
E.J.R.P., a minor, demands judgment against the Defendant, UATP, for damages, taxable costs, and such
other relief as the Court deems proper.
COUNT V – UATP
(Vicarious Liability of UATP)
Plaintiff incorporates by reference paragraphs one 1 through 50 as if fully restated:
51. At all material times hereto, the Defendant, URBAN AIR, was in a business relationship
with the Defendant, UATP.
 52. At all material times hereto, the Defendant, URBAN AIR, operated and maintained an
Urban Air Trampoline & Adventure Park in Lakeland, Polk County, Florida, under the direction and
control of the Defendant, UATP, as more fully described in paragraphs 9 and 10 of this Complaint.
53. Defendant, UATP, is vicariously liable for the acts and omissions of the Defendant,
URBAN AIR while involved in the business relationship.
54. As a direct and proximate result of the negligence of the Defendant, UATP, the Plaintiff,
E.J.R.P., a minor, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental
anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care
and treatment. The losses are permanent or continuing and the Plaintiff, E.J.R.P., a minor, will suffer the
losses in the future.
WHEREFORE, the Plaintiff, KIMBERLY BARNES, as the parent and natural guardian of
E.J.R.P., a minor, demands judgment against the Defendant, UATP, for damages, taxable costs, and such
other relief as the Court deems proper.
DEMAND FOR JURY TRIAL
Plaintiff requests trial by jury on all issues so triable.

DATED this 4th day of November, 2019.

/s/ Steven A. Capriati

STEVEN A. CAPRIATI, ESQUIRE
Morgan & Morgan, P.A.
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Tele: (813) 223-5505
Fax: (813) 223-5402
SCapriati@ForThePeople.com
CFordham@forthepeople.com
Florida Bar #:0028859
Attorney for Plaintiff