American Dream hit with second suit over helicopter
By: Daniel Munoz
NorthJersey.com
USA Today Network - New Jersey
..... A second person is suing American Dream in the Meadowlands over an incident when a decorative helicopter fell from the ceiling at the mall's indoor water park last year. [2023]
.....
Olwin Seguinot of Roslindale, Massachusetts, alleges that when the helicopter dropped into the pool below in February 2023, it caused Sequinot to fall and substantial several injuries.
..... The eight-count suit was field in Bergen County court on December 12. [2024] It lists David Pierguidi as the plaintiff's counsel. Pierguidi is also the lawyer representing Franklin resident Luis Rivera, who said in a similar suit that he was injured in the same incident.
..... The attorney was not immediately available for comment Friday [12/13/2024] morning.
..... According to the Thursday [12/12/2024] suit, Seguinot "suffered and will continue to suffer great pain, mental anguish and financial loss."
..... Sequinot, the suit adds, "was required and will in the future be required to seek medical care and attention, was prevented and will in the future be prevented from engaging in his usual pursuits, interests and occupations."
..... Sequintot is seeking monetary damages stemming from the incident, as well as court costs.
..... A representative for American Dream did not immediately return an email Friday [12/13/2024] seeking comment for this story.
Rundown of the February incident
..... After the helicopter fell from the ceiling in February 2023, Rivera, 55, was taken to Hudson Regional Hospital, according to a report from New Jersey State Police.
..... Another person, Jennifer Caskey, suffered a laceration to her nose and complained of glass in her ryes, and was taken to Hackensack University Medical Center, according to public records.
..... An underage boy and girl were also injured in the incident, public records show, both sustaining "minor lacerations.
.....
Seguinot is not listed in the police report as being injured by the incident.
Who are the defendants?
..... The suit slits American Dream and its developer, Ameream, as defendants. Kenvil United Corporation was "the supplier and/or decorations and is also listed as a defendant in the suit.
.....
Themebuilders Philippines Incorporated designed several of the decorations, the suit states, and it listed as a defendant.
..... The Minnesota-based architecture firm Krech, O'Brien, Mueller & Associates or LOMA is listed as a defendant; the firm handled architectural design, structural engineering, construction administration and site observations at the mall.
What caused the helicopter to fall?
..... State officials found that damage to the wiring that secured the helicopter had cause the fall. The helicopter was not required to be inspected, said Lisa Ryan, a spokesperson for the state Department of Com unity Affairs.
..... Ryan said that "as per the Uniform Constriction Code, there are no requirements for ongoing inspections of suspended themed features or other hanging objects once the building is complete and approved for occupancy."
..... The department includes the state's Amusement Ride Safety Unit, an arm of government that inspect amusement parks and attractions such as DreamWorks Water Park.
.....
The water park has several displays suspended from the ceiling over its main pool, including giant figures of Shrek and Kung Fu Panda. Those decorator are shown prominently on the water park's website.
..... Two more hanging structure at the park had to be addressed, one repaired and one removed, after the decorative helicopter fell, according to another report, dated February 23, 2023.
..... The first was a tree branch that hung from a cable at a temple structure in the water park. It was repaired with the installation of new clamps.
..... The second was a large penguin figurine, which was held to the ceiling by cables so heavily damage that they were "not in a serviceable conditions," the report said. The figurine had to be removed.
.....
In addition to an indoor water park, the mammoth American dream retail and entertainment complex in East Rutherford, operated by Canadian developer Triple Five, has an indoor ski slope, sports events, a 300-foot Ferris wheel with dramatic views of Manhattan, an ice-skating rink and an amusement park, among other attractions.
..... This lawsuit marks the latest legal issues for the complex, whose construction is financed by over $1 billion in state and local taxpayer subsidies.
.....
Those legal woes range from a broken leg to slip-and-falls, knocked-out teeth, unpaid constriction bills and defaults on a miltimillion-dollar loan.
.....
Several visitors have field suit against the mall, saying they were struck and injured by one of the waist-high motorized stuffed animals that people can ride around part of the mall.
..... Mayors in towns surrounding the mall say the towns are owed over $13 million in negotiated payments in lieu of taxes.
..... The mayors says the mall's owners have argued that since it is not 100% leased, it;s not technically fully opened and therefore not on the hook for the money. East Rutherford is suing the mall to get it to pay nearly $8 million of the money.
..... American Dream is in turn suing East Rutherford, saying the mall was overvalued by mer than $1 billion and is entitle to a refund of $183 million in negotiated property tax payments.
.... Daniel Munoz covers business, consumer affairs, labor and the economy for NorthJersey.com and The Record.
..... Email munozd@northjersey.com; X; @danielmunoz100 and Facebook.