LINCOLN, Neb. (KOLN) - The father of a 2-year-old boy killed at a Lincoln pumpkin patch is now suing the owners of the pumpkin patch and Community Action Partnership of Lancaster and Saunders Counties.
Edward Acuña Quintana has filed a lawsuit against the owners of JK's Pumpkin Patch, and Community Action Partnership of Lancaster and and Saunders Counties following the death of his son Caleb. (Source: KOLN)
Edward Acuña Quintana filed the complaint in Lancaster County District Court against owners Joshua and Amanda Kadavy and the nonprofit.
His son, 2-year-old Caleb Acuña Agualimpia, was killed in October of last year while playing on a bounce pad at JK's Pumpkin Patch.
The Lancaster County Sheriff's Office said an unexpected gust of wind hit and the bounce pad was thrown about 40 yards.
Caleb's sister Aura Acuña Agualimpia was also playing on the pad. She sustained injuries including a concussion and a broken arm.
The complaint filed last week said an agent of Community Action Partnership invited the family to attend the event on October 3, 2018 at the pumpkin patch.
It said prior to the October 3 event, JK's Pumpkin patch used minimal stakes and/or attachment devices to attempt to secure the bound pad to the ground.
In the complaint, it said the defendants did not cancel or postpone the event in light of a wind advisory. Adding that on the day of the event, the National Weather Service issued a wind advisory warning of wind gusts of up to 60 mph. The complaint goes on to say that, despite the warning, the business did not take action to further secure the bounce pad and took no action to close the attraction.
In the lawsuit, the father is asking for unspecified compensation.