PHILADELPHIA Dolphin mishap lawsuit

A judge ruled that a TV host cannot sue the travel agency that arranged her visit.
PHILADELPHIA (AP) -- A television news personality injured by a leaping dolphin while vacationing in the Bahamas is suing the company that supervised the encounter.
Nancy Glass, who was the host of the TV magazine shows "Inside Edition" and "American Journal" in the 1990s, said she suffered a neck injury and hearing loss three summers ago during what was supposed to be a thrilling swim with the famously gentle mammals.
During a visit to Nassau's Blue Lagoon Island -- where scenes from the movie "Splash" were filmed -- Glass, her daughter and other tourists were told that while they romped with the dolphins, they could instruct them to do tricks.
"One of them was to hold up your arms, and the dolphin would jump over you," said Glass's lawyer, Heather Eichenbaum.
Glass raised her hands. One of the 500-pound dolphins leapt and came up short, smashing down on her head.
The impact shoved Glass underwater and briefly trapped her beneath the dolphin, the lawsuit said. Her hearing has never recovered and she still experiences discomfort, Eichenbaum said.
Now she is suing the Dolphin Encounters resort in Nassau, its Florida affiliate and the Philadelphia travel agency that arranged the trip, contending no one warned her of the potential danger.
"If you are going to advise people that it is safe to do this type of excursion, you should certainly warn them that things go wrong," Eichenbaum said.
Resort's response
An attorney for Dolphin Encounters said the resort regretted Glass's injuries but had informed clients that mishaps were possible.
"They signed a release," attorney Bruce P. Merenstein, of Philadelphia, said of Glass and her family. "They are extremely bright people. Certainly they were aware that there is an element of risk."
A federal judge in Philadelphia ruled Tuesday that Glass cannot sue the travel agency in Pennsylvania -- a decision that means she will probably have to refile the lawsuit either in Florida, where Dolphin Encounters has an office, or in the Bahamas where it does business.
The Dolphin Encounters swimming lagoon lies near the tip of a 3-mile-long island, reachable only by boat. For $75, visitors can stand on an underwater platform and touch and feed the animals. For $145, guests ages 6 and up can jump in and swim with them.
Glass was the host of KYW-TV's "Evening Magazine" program in Philadelphia from 1983 to 1989, and was on "Inside Edition" for three years and on "American Journal" for four. She also hosted a morning radio show in Philadelphia and now owns a company that produces cable-television programs.
She did not immediately return a message left at her Rosemont home.