Negligence — Trampoline Park
Negligence — Trampoline Park
Where a negligence complaint was filed over an injury sustained at a trampoline park, an award of summary disposition in favor of the defendant should be affirmed because the dangers associated with trampolining were reasonably foreseeable.
“Plaintiff, Raphaela Allen, legal guardian of Mack Kelly, III, appeals as of right the trial court order granting defendant, Spring Loaded I, LLC, summary disposition. Plaintiff argues that she was entitled to an adverse inference because defendant intentionally destroyed evidence, and that questions of fact and the adverse inference precluded summary disposition in favor of defendant. We affirm.
“Plaintiff argues that she was entitled to an adverse inference because defendant intentionally destroyed evidence, and that questions of fact and the adverse inference precluded summary disposition in favor of defendant. We conclude that the trial court properly granted defendant summary disposition, and as such, begin our analysis with plaintiff’s second issue on appeal.
“As an initial matter, plaintiff argues that the trial court applied the wrong standard in deciding defendant’s motion for summary disposition, alleging that the trial court required plaintiff to prove her case by a preponderance of the evidence. We disagree.
“The trial court properly granted defendant summary disposition because there were no genuine issues of material fact that the dangers associated with trampolining were reasonably foreseeable, and Mack accepted those dangers.
“Therefore, there is no genuine issue of material fact that the risks associated with trampolining were foreseeable, Mack accepted those risks, plaintiff’s claim for ordinary negligence fails, and summary disposition in favor of defendant was proper. This conclusion renders discussion of defendant’s alternate theory for affirming based on premises liability unnecessary, as well as plaintiff’s spoliation argument.”
Allen v. Spring Loaded I LLC; MiLW 08-105975, 6 pages; Michigan Court of Appeals unpublished per curiam; Jansen, J., Swartzle, J.; Ronayne Krause, J., concurring; on appeal from Oakland Circuit Court; Brian Fantich for appellant; Parisa R. Gold for appellee.
Read More: https://milawyersweekly.com/news/2022/10/17/negligence-trampoline-park/