COA: School district not immune from door injury claim.

Byline: Thomas Franz

A Michigan Court of Appeals panel has affirmed the denial of a motion for summary disposition by Traverse City Area Public Schools after a woman broke her thumb while entering an athletic facility doorway.

In Glezman v. Traverse City Area Public Schools (MiLW No. 08-100477, 7 pages), the COA ruled that the installation of a new door without necessary safety hardware was not a design flaw, which would have granted the district immunity.

Judges Patrick M. Meter, Kathleen Jansen and Michael J. Kelly unanimously affirmed the Grand Traverse Circuit Court ruling.

Background

Plaintiff Sherri Glezman attempted to enter Traverse City West High School on Jan. 28, 2016, to attend a basketball game.

She entered the athletic entrance through the center door. At the same time she began to open the door, a young man exited the building through the door to her right.

The door to her right opened with enough force to carry the door into the path of the plaintiff's doorway and struck the handle she was holding to open the door.

The impact caused her thumb to be crushed between the two metal doors.

According to the COA's unpublished opinion, surveillance footage showed that one hour before this incident, the right door's control arm had failed and the door was swinging freely.

To provide more context into the accident, the COA provided background of the entryway.

The athletic facility opened in 2009 and the three entrance doors were made of lightweight aluminum. The two doors involved in this incident were both designed to open from left to right if an individual was facing the building.

The district's director of building operations and security, Christopher Wise, testified that until 2015, strong winds would catch the right door and either break the control arm or pull screws loose between three and six times each year. The COA noted that wind-related failures damaged it so much that the door would no longer latch.

In the fall of 2015, district officials worked to redesign the entryway.

Under the redesign, the arc of the right door was reversed to open from right to left, which meant it would intersect with the middle door, which still opened left to right.

Wise testified that the district ordered a heavier right door with a restraining chain and non-conflicting handles for the right and center doors.

Wise testified that the restraining chain was a backup safety measure in case the right door's control arm failed, and the...