Normandin v. Encanto Adventures, LLC.
Factual and Procedural History
Marcie Normandin sued Encanto Adventures, LLC. and the City of Phoenix for a broken ankle and injured arm, which she received when she stepped into sprinkler head divot. Encanto Adventures, LLC had a licensing agreement with the City of Phoenix through which Encanto Adventures was permitted to build and maintain children’s rides and an amusement park in an area within the larger Encanto Park, known as Picnic Island. The amusement park, known as Enchanted Island, was a fenced-in and contained area within Picnic Island. In addition to Enchanted Island, the agreement with the City also permitted Encanto Adventures to use an unfenced part of Picnic Island next to Enchanted Island, which was known as the “piñata area.” Encanto Adventures maintained the piñata area by “patrolling, maintaining, inspecting, preparing, and grooming the grounds.” However, the area was kept open for the public to use.