Missouri Court of Appeals, Eastern District / Jun 20, 2023
Carly Munoz, Appellant, vs. Six Flags St. Louis, LLC d/b/a Six Flags St. Louis and John/Jane Doe, Respondents.
Carly Munoz appealed the grant of summary judgment in favor of Six Flags St. Louis on her negligence claim. Munoz was injured after being scared by a clown actor at the park's Fright Fest, causing her to run and trip. The trial court granted summary judgment based on the doctrine of implied primary assumption of the risk, finding Munoz's injury arose from risks inherent to the event. The appellate court affirmed, concluding that Munoz knew, appreciated, and voluntarily accepted the inherent risks of Fright Fest, including the potential for fright leading to running and falling.