Tampa Tribune photo by SUSAN M. GREEN
Disabled Army veteran Jason Blossom says an Adventure Island lifeguard flipped him off an inner tube, which injured his back.
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Published: March 15, 2008
Updated: 03/13/2008 05:55 pm
RUSKIN - Army veteran Jason Blossom acknowledges that he was disabled from an illness he contracted while on duty in Iraq before he got on a slide at Adventure Island in Tampa.
The ride he picked out that day in July 2006 looked tame, he said. He watched giggling preschoolers make the splashdown without problems. And, Blossom said, a physical therapist told him visiting the water park was a good idea.
Now he's suing Busch Entertainment Corp., which operates Adventure Island, in federal court, alleging a park employee assigned to help guests off the ride flipped him over onto concrete in shallow water, leaving him with a concussion and back injuries.
The case is playing out in federal court because Busch is an out-of-state corporation, said Blossom's attorney, Justin Pimenta. In court papers, Busch Entertainment denies the allegations and says Blossom's negligence contributed to his injuries.
Blossom's wife, Dawn, said Busch representatives told her that her husband shouldn't have been on the ride because he's disabled. But she and her husband contend the ride was not harmful.
"He has every right to be there and do things and live the best life he can," Dawn Blossom said.
Gerard Hoeppner, spokesman for Busch Entertainment parks in Florida, said Tuesday he couldn't discuss Blossom's case specifically. But he said Busch posts signs and broadcasts audio messages warning disabled people of the forces involved in rides that involve speed and water.
Employees are trained to put guest safety first, Hoeppner said. Busch is especially eager to keep guest loyalty at Adventure Island, which draws heavily on local residents, he added.
"Any suggestion that an employee would compromise our commitment to guest safety would not be accurate," he said.
Blossom said settlement negotiations failed last month. Pimenta estimated Blossom's medical and pain management expenses so far at $30,000 and said costs will climb if Blossom pursues surgery, which has been recommended by physicians.
"This is a really serious injury, and our veterans should be better taken care of," Pimenta said.
A jury trial is scheduled for September. Blossom declined to say what damages he thinks he's entitled to.
The couple said they were living in Temple Terrace, getting ready to buy their home in Ruskin, when the accident occurred.
Army Wounds
Blossom, 28, said he grew up in the Tampa area and attended Hillsborough High School. He joined the Army after his graduation in 1998 and was assigned to serve in Tikrit, Iraq, in spring 2003. He described his job as a combination of military policing and duties similar to a paramedic.
By early 2004, he was being flown back to the United States. About two weeks after receiving a flu shot and anthrax vaccine, Blossom said, he started having vision problems and trouble keeping his balance.
He later was told there was a lesion at the back of his brain that affects his peripheral vision and muscle movement.
Doctors have told him the problems stem from a viral infection, Blossom said.
Dawn Blossom said she quit her job to be with her husband during his treatment at military hospitals, first in Washington, then Augusta, Ga., and finally in Tampa.
The couple said Jason initially was given a medical evaluation that listed him as totally disabled. Then Army officials changed it to 30 percent disability, which paid Blossom only about $300 a month, Dawn Blossom said.
The couple ended up filing for protection from creditors in federal bankruptcy court, she said. Later, her husband was judged fully disabled again, and Dawn Blossom said she got a job as a teacher's aide at a school in New Tampa.
She quit that job when the couple moved to Ruskin, she said, and now keeps children in their home.
Jason Blossom said another couple invited him and his wife to join them at Adventure Island in July 2006. Before visiting the park, Blossom said, he stopped in to ask for advice from a physical therapist he knew at James A. Haley VA Medical Center in Tampa and was told that injured veterans sometimes visit the park for therapy.
Ride Itself Was Fine
Blossom said the ride he chose at the water park caused him no discomfort. At the end of the ride, he said, "the lifeguard is supposed to stop the inner tube and let you get out. She said, 'Get off my inner tube,' in a flirty way and flipped it back.
"The first thing I hit was the back of my head, and then my whole body rolled back."
Dawn Blossom said her husband hit his head on concrete in shallow water and lost consciousness for several minutes. A lifeguard helped her get him out of the water, she said.
Blossom said he woke to see paramedics strapping him to a backboard and applying a neck brace.
He was rushed to University Community Hospital, where he was told he had a concussion and was sent home, the couple said.
The next day, Blossom said he had a severe headache and nausea to the point of vomiting. He said he went to the VA hospital and received scans of his head and neck and went home with a strong pain reliever.
The couple said they didn't find out about an $8,000 bill from University Community Hospital until fall 2006, when it showed up on a credit report as they were preparing to close on the purchase of their Ruskin home. They said they thought Busch had paid the emergency medical expenses.
When efforts to get Busch to pay the bill failed, the couple said, they hired a lawyer. Jason has since received more tests that he said identified lower back injuries. He said he receives therapy and pain management treatment.
Pimenta said some of Blossom's treatment may be covered under his Veterans Affairs benefits but recommended surgeries for his back injuries will not.
Reporter Susan M. Green can be reached at (813) 865-1566 or sgreen@tampatrib.com.
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