Margolis Edelstein



People

Practices

Results

Insights

Offices

Careers

Q

Defense Verdict Secured in Philadelphia Negligent Security Trial Involving Theme Park

On May 21, 2026, Partner Rich Ostriak, with assistance from associate Brenda Nguonly, secured a defense verdict in the Philadelphia Court of Common Pleas following a five-day jury trial involving a negligent security claim against a theme park. The verdict marks Rich’s second jury win this spring.

The case arose from an alleged assault in the park’s main plaza. The plaintiff, a minor at the time, claimed she was attacked by a group of teenage girls while exiting the park and alleged that the theme park failed to provide adequate security to prevent the incident.

At trial, the defense demonstrated that the incident was not random and did not result from any failure in the park’s security measures. Instead, the evidence established that the plaintiff was approached and assaulted by individuals she knew and with whom she had an ongoing dispute. The defense focused the jury on the critical issues of foreseeability and control, underscoring that the theme park could not be held responsible for a targeted altercation between acquaintances.

Plaintiff sought substantial damages, including claims of permanent cognitive impairment and future economic loss. Her experts included a neuropsychologist who opined that she suffered lasting deficits years after the incident, a vocational expert who asserted more than $520,000 in lost earning capacity, and a security expert who criticized the park’s security practices.
After approximately one hour of deliberations, the jury returned a defense verdict in favor of the theme park.

Successes & Insights

Philadelphia Court Grants Preliminary Objections in Sidewalk Fall Accident Lawsuit

Philadelphia Court Grants Preliminary Objections in Sidewalk Fall Accident Lawsuit

New Jersey Court Vacates Default Judgment in Passaic County Premises Liability Matter

New Jersey Court Vacates Default Judgment in Passaic County Premises Liability Matter

No results found.