2005 CASE SUMMARIES

2005 MICHIGAN SKATING CENTER LITIGATION REPORT

Ross v Bonaventure Family Skating Ctr, Inc. - Oakland County Circuit Court,
Oakland County, MI

Incident Date - 2/15/03; Suit Filed - 2004;

Summary Disposition Granted - 4/25/05

Kurtis Ross, Jr., a minor, sustained his injury while roller skating at the Bonaventure Family Skating Center when he was allegedly knocked down by one skater and then struck by another.  He sustained a laceration to his forehead.  He filed suit contending Bonaventure was negligent in failing to have the appropriate supervision and allowing the skating surface to be overcrowded.  Discovery revealed there were less than 300 persons in attendance with the Defendant’s building capacity in excess of 600.  Neither the minor Plaintiff nor any other witness could identify the person who allegedly collided with him nor whether that person was skating in any errant or otherwise dangerous fashion.  The minor Plaintiff’s father acknowledged as seeing no dangerous conduct on the skating surface prior to learning of his son’s injury.  Defendant moved for Summary Disposition contending that the Plaintiff’s fall as a result of a collision with another skater was a risk assumed pursuant to the Michigan Roller Skating Safety Act (MCLA 445.1725) and as a risk assumed, any alleged negligence of the rink operator was not relevant (consistent with case law).  The Trial Court agreed granting Defendant’s Motion for Summary Disposition.  Plaintiffs have not sought an appeal.