Attorney obtainied Summary Judgment on behalf of our roller skating rink client
Attorney obtainied Summary Judgment on behalf of our roller skating rink client. The plaintiff claimed that he was skating in the carpeted locker area when his skate became caught on a portion of the floor where the carpet had peeled away. He fell and broke his ankle. When asked in a deposition if the rink had been aware of the defect, plaintiff answered, "If they wasn't, they was blind." The attorney moved for Summary Judgment on the grounds that the alleged condition was an open and obvious hazard and a property owner has no duty to warn of such a condition. The trial court granted summary judgment and the Court of Appeals affirmed. This is one of only a few reported decisions dealing with the carpeted area of the skate floor in a roller rink. It was also a strategic way to deal with an otherwise poor liability case involving an admitted defect.