A-M Law‘s Kurt Anselmi Successfully Defends Detroit Roller Wheels At Trial
A-M Law‘s Kurt Anselmi obtained a no cause of action verdict in a negligence action filed in the Wayne County Circuit Court on behalf of Detroit Roller Wheels.
In Moore v Detroit Roller Wheels, Wayne County Case Number 12-006016-NO, the Plaintiff alleged a defective rental skate caused him to fall on the facility’s floor and resulted in his claimed injuries. Although the alleged defective rental skates were retained (i.e., “Bagged and Tagged”) in compliance with the RSA Risk Management Guidelines by the rink operator, Plaintiff argued the retained skates were not the skates he was wearing at the time of his fall.
At trial the defense was focused on the Roller Skating Safety Act’s Assumption of the Risk provision. Mainly that the cause of Plaintiff’s fall was not due to defective rental equipment but rather Plaintiff’s failure to adhere to his duties to maintain reasonable control of his skating speed, to maintain a proper lookout, and accept responsibility to know of and operate within his skating ability. The defense focused the jury’s attention on plaintiff and his witnesses’ inconsistencies and overall lack of credibility. The jury also examined the alleged faulty rental skate, which was clearly in proper working order, and was presented with the rink’s surveillance video, which confirmed Plaintiff’s fall was the result of his loss of control/balance.