2004 CASE SUMMARIES

2004 MICHIGAN SKATING CENTER LITIGATION REPORT

Smith v Rolladium Center - Oakland County Circuit Court
Oakland County, Michigan

Incident Date - 3/9/03; Suit Filed - 4/03;

Summary Disposition Granted - 5/4/04

Plaintiff, Betty Smith, slipped and fell in Defendant’s parking lot in March 2003 when she exited her vehicle after dropping her granddaughter off at Rolladium for work.  Plaintiff’s granddaughter was an employee at Rolladium.  Plaintiff contended she slipped and fell on ice which was not noticeable and unavoidable.  Upon Defendant’s Motion for Summary Disposition arguing that the alleged ice/snow constituted an “open and obvious danger”, the Trial Court granted Defendant’s Motion for Summary Disposition agreeing that the ice was both noticeable and avoidable.  Plaintiff had testified on cross examination that she saw the ice and was being careful as she walked around her car in recognition of the ice.  Further, Plaintiff acknowledged that there were parking spaces in the parking lot available for use but that her granddaughter, who was driving, chose to stop in the driveway thereby exposing Plaintiff to the alleged unavoidable ice/snow.  Plaintiff has appealed.  The appeal is pending.