1996 MICHIGAN SKATING CENTER LITIGATION REPORT Thomas v Northland Roller Rink - Wayne County Circuit Court Detroit, Michigan Incident Date - 2/20/04; Suit Filed - 3/20/95; TRIAL: No Cause of Action for Def - 5/23/96 In Thomas, the minor Plaintiff, Jaikeva Thomas, then 14 years old, fell in the aisle at Northland Roller Rink sustaining a fracture to the ankle. She alleged Defendant was negligent in that she purportedly fell over candy wrappers which littered the aisle. Cross-examination of the minor Plaintiff, her sister, and witnesses revealed serious inconsistencies regarding a description of the alleged candy wrappers, when they were purportedly observed, and whether or not their presence had been brought to the attention of Defendant's staff members. The jury returned a verdict of No Cause of Action in favor of Defendant, apparently accepting defense counsel, Kurt Anselmi's, arguments that Plaintiff's claims were at best questionable, lacking evidence of notice to Defendant when the candy wrappers had allegedly been deposited and, at worst, a hoax. Orlando v Northland Roller Rink - Wayne County Circuit Court Detroit, Michigan Incident Date - 12/3/95; Suit Filed - 1/24/96; Summary Disposition Granted - 9/27/96 Plaintiff Appealed - Affirmed 2/98. See 1998/1999 Case Summaries In Orlando, Plaintiff's decedent, Asia Orlando, 16 years old, was shot and killed outside Defendant Northland Roller Rink's skating establishment on December 3, 1995. The evening program had ended and patrons were leaving the premises via vehicle. Plaintiff's decedent with her sister and friends were standing near the street waiting for their ride when a gang fight erupted. Shots were fired by the rival gang members, one of which struck Asia Orlando in the head killing her instantly. Plaintiff alleged Defendant was negligent in failing to provide adequate supervision at the premises and further in failing to timely notify the police authorities of the "gang fight." Defense counsel, Kurt A. Anselmi, moved for Summary Disposition pursuant to the landmark Michigan Supreme Court case, Scott v Harper Recreation wherein the Supreme Court held that business owners do not have a duty to provide police protection and Plaintiffs may not premise a theory of liability upon the proposition that security measures undertaken were less effective than they could or should have been. On September 27, 1996, the trial court granted Defendant's Motion for Summary Disposition dismissing Plaintiff's case with prejudice. Plaintiff has appealed. Ellsworth/Lincoln v Skateland - Genesee County Circuit Court Genesee County, Michigan Incident Date - 2/7/92; Suit Filed - 2/2/95; Summary Disposition Granted - 3/96 Plaintiff Appealed - Affirmed 4/99. See 1998/1999 Case Summaries In Ellsworth/Lincoln, Paul Ellsworth (then 9 years old) was skating into Defendant's snackbar when he was bumped by another young man, his friend, and fell. When he fell, his head struck the snackbar table. He fell motionless to the floor. Resuscitation efforts by Defendant's staff and EMS were unsuccessful. Young Ellsworth was dead on arrival at the hospital. Following extensive discovery, Defendant Skateland filed its Motion for Summary Disposition arguing that Plaintiff's fall and injury (as tragic as it was) was a risk assumed pursuant to the Roller Skating Safety Act of 1988 given the undisputed facts that he fell as a result of a collision with another skater. After extensive arguments, the Judge granted Summary Disposition in favor of Defendant. Plaintiff appealed. See 1995 Case Summaries for the Court of Appeals Opinion affirming Summary Disposition for Defendant Skateland in 1998. MICHIGAN COURT OF APPEALS DECISIONS Goggins v Detroit Roller Wheels; Court of Appeals Docket Number 173357 (1996) Zeiman v Skate World, Inc.; Court of Appeals Docket Number 170986 (1996)
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney forindividual advice regarding your own situation.
Copyright © 2010
by Anselmi & Mierzejewski, P.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
|