The last thing anyone expects while on their honeymoon is that they would get injured at a restaurant and become blind in one eye. Celebrating the journey you are about to embark on with your new spouse suddenly turns into a nightmare. Unfortunately, this is exactly what happened to Dustin Wiseman when he ate at Medieval Times theme restaurant with his wife Melissa. Dustin Wiseman and Melissa Wiseman filed a lawsuit against Medieval Times Entertainment, Inc. seeking $10 million in damages after Dustin was injured at one of their restaurants.
For those of you unfamiliar with Medieval Times, it is a place where you can eat while watching a medieval times theme show. There is a choreographed jousting tournament with performers engaging in sword fights and riding on horses. There is arena-style seating and the show is performed in the middle of a ring. During the show customers eat a four course meal.
On April 12, 2011, Dustin and his wife were sitting in the front row section at a Medieval Times restaurant in Buena Vista, CA. Since the South Dakota couple paid for VIP seats, they were able to sit closer to the performers during the show. Two knights were acting out a sword fight in front of the Wisemans. During the fight the titanium swords started to spark. The sparks were incorporated into the performance to make it appear more exciting to customers. As the Wisemans watched the show, a shard of metal flew off of a sword and hit Dustin’s left eye.
The metal shard from the sword tore the cornea, lens and injured the retina in Dustin’s left eye. Dustin underwent multiple surgeries in an attempt to repair the damage inflicted during the Medieval Times performance. “In spite of the extensive medical treatment, Dustin still went blind in his left eye” – says a Maryland accident lawyer.
The Wisemans filed the lawsuit since Medieval Times did not use proper safety measures to protect the customers from being injured during the performance. The incident put a halt to their honeymoon. The Wisemans have had to make certain adjustments in their lives due to Dustin’s permanent injury and medical care. Dustin stated that being blind in one eye has made even basic tasks such as pouring a glass of water very difficult. In the lawsuit, the Wisemans claim that their lives have been adversely affected since the injury occurred and Melissa Wiseman has become a caretaker to her husband.
According to Jason Fowler, the couple’s attorney, Dustin had three surgeries and is still legally blind in his left eye. Medieval Times has not reimbursed the couple for the medical expenses. Fowler claims that the restaurant didn’t even give the couple a refund for their tickets. The lawsuit alleges that Medieval Times continues to use the titanium swords even though the company knows that metal shards fly off and can potentially hurt customers.
In response to the litigation Medieval Times denies any liability for Wiseman’s eye injuries. The company states that the couple assumes responsibility for any injuries sustained while sitting in the restaurant. Medieval Times has requested a jury trial.
If you or a loved one has been injured, you should speak with a personal injury attorney. Schedule a free initial consultation to discuss your case. A personal injury attorney will help you determine if your injuries occurred as a result of someone else’s negligence and explain your rights.
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