Incident Date - 9/25/98; Suit Filed - 8/16/99;

Summary Disposition Granted - 9/15/00

Plaintiff, Kathy Schmitchen, fell sustaining her claimed injury at Riverside Arena on September 25, 1998. She alleged that she was struck by unruly teenagers who had been allowed to skate in an unruly fashion for a significant period of time prior to her injury. She further alleged that her injury occurred "while skating in almost complete darkness". Extensive discovery revealed that Plaintiff's claim that the collision occurred "in complete darkness" was without merit. This rendered her theory of liability limited to a collision with another skater. Defendant filed its Motion for Summary Disposition arguing that Plaintiff's injury was a result of a collision with another roller skater and, therefore, risk assumed pursuant to the Roller Skating Safety Act of 1988. On September 15, 2000, Judge Stempien granted Summary Disposition. Plaintiff did not seek appeal.

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