Second Amended Complaint dismissed on Rule 12 (b) (6) for failure to demonstrate breach of duty in “Jump Scare” injury.

An amusement park patron claimed that an unidentified employee, dressed as a clown, frightened her when she was in attendance at the park during a Hall-o-Scream event, causing her to fall into a set of lockers. Despite the fact that she claimed she was in what she believed to be a “safe-zone” as she bent down to place belongings in a locker before loading onto a ride, the court found insufficient facts pled to identify the duty or the breach of duty in the second amended complaint, which was dismissed in its entirety.

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