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Springing Into Action: Court of Appeals Disallows Injured Trampoline Park Patron’s Case to Proceed Where Evidence of Proximate Cause is Speculative
Miller v Airtime Trampoline Park of Troy, et al, unpublished opinion per curiam of the Court of Appeals, issued June 20, 2019 (Docket No. 341139) reaffirms a plaintiff’s obligation to present something more than a mere inference to establish a legal nexus between entertainment venues’ operating status and a plaintiff’s injuries. In an unpublished opinion, the Court of Appeals in Miller agreed with the trial court’s dismissal of Plaintiffs’ claims of negligence and premises liability where Plaintiffs’ expert and Defendant trampoline park’s co-owner testified they had “no idea” whether the trampoline Plaintiff was injured on had broken or missing springs at the time of the subject incident.
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