The Jasmine Moran Children’s Museum (JMCM) is appealing the denial of a change of venue request in a lawsuit over an explosion that injured a young museum patron last summer.

As reported in the Dec. 17 edition of the Seminole Producer, Oklahoma County Judge Amy Palumbo denied a motion from the defendants (the Jasmine Moran Children’s Museum Foundation, Inc. and Amazon.com Sales, Inc.) to have the case dismissed, or alternatively, have its venue changed. The lawsuit was filed in Oklahoma County District Court, and the defendants maintain the case should be heard in Seminole County.

“JMCMislikelytosucceed on the merits of its forum selection arguments. JMCM is in Seminole County, and the incident occurred in Seminole County. Many of the witnesses will be found in Seminole County. It is of no consequence that Defendant Amazon may be found in Oklahoma County as it also may be found in Seminole County and any other county in the country. JMCM has the right to be tried in its home forum, and trial of this matter is of great consequence to the citizens of Seminole County, and of no consequence to the citizens of Oklahoma County. There is no connection between the present lawsuit and Oklahoma County other than the plaintiff’s decision to file it here. In consideration of the facts and applicable law, the only proper conclusion is that the matter should proceed in Seminole County, not Oklahoma County,” attorneys for JMCM argue.

In addition to the appeal, the defendants have filed a motion to have any litigation delayed until the Oklahoma Supreme Court hears the case.

In response to the motion to stay, the plaintiffs responded that the museum “has not met its burden for a stay” and that the requested relief “would unfairly delay a minor child’s injury case and prejudice Plaintiff’s ability to promptly preserve evidence and prosecute her claims.”

Four days after the June 25 explosion, Alexus Corona, mother of the injured child, filed a $10 million lawsuit in Oklahoma County District Court against the foundation that operates the museum. The lawsuit alleges that the museum and employees on duty at the time of the incident were “negligent, grossly negligent, and reckless in causing the subject occurrence.” The petition was amended on July 7 to include Amazon.com Sales Inc. as a defendant. The explosion involved a tabletop “s’more maker” that was purchased from Amazon.

“Amazon knew or should have known that the product posed the risk of serious fire and burn injuries associated with flame jetting, which was known by Amazon to occur when liquid fuel was added to the firepit product, and which would cause an explosion that could propel flames or burning liquids onto the consumer or bystanders. This product was defective and unreasonably dangerous when sold by Amazon,” the lawsuit states.

The appeal is set to be heard by the Oklahoma Supreme Court on Jan. 20.