Experience, expertise and common sense.
Premises Liability / January 13, 2012
Court/Case No: Wayne County Circuit Court/Case No. 11-004172-NO
Tried/Argued Before: Judge
Verdict: $0 - Motion for Summary Disposition
Name of Judge(s): Hon. Robert J. Colombo, Jr.
Keys to the Case:
David Velez took his son, 9-year old Plaintiff Xavier Velez, to Compuware Arena for a Plymouth Whalers hockey game. Toward the end of the game, the minor Plaintiff was hit in the eye by a hockey puck that left the ice and traveled into the spectator stands. The minor plaintiff suffered damages, including the loss of vision to his right eye. Counsel effectively argued a Motion for Summary Disposition in front of Judge Colombo. The Court found that Defendant Compuware Arena LLC was a landlord out of possession and control and therefore had no liability for the minor Plaintiff’s injuries. The Court also applied the “limited duty rule” under the case, Benejam v Detroit Tigers, Inc., 246 Mich App 645, 649 (2001), to a hockey arena owner. The Court found Defendant did not violate the limited duty rule and therefore, no liability attached. Last, the Court found that the danger of a hockey puck leaving the ice is open and obvious to an average 9-year old boy. Ultimately, the Court was persuaded that summary disposition of Plaintiff’s claims was proper.
Defense SW attorney(s) Involved in Case: