Entertainment venues prevail in premises liability cases.

Byline: Thomas Franz

A pair of Michigan entertainment venues were defendants in premises liability cases for which opinions were issued by the Michigan Court of Appeals in mid-April.

The Detroit Tigers were the named defendant in a case involving a slip and fall on the steps in Section 134 at Comerica Park. Michigan International Speedway also faced a claim after a woman fell into a ravine when she decided to step off the designated pathway back to a campsite during the Faster Horses festival in 2016.

In both cases, the COA affirmed motions for summary disposition.

Background

Sharol Thornsberry attended a Tigers game on Sept. 21, 2015. According to the COA's opinion, she left her seat during the fourth or fifth inning to use the bathroom, and she used the steps between Sections 133 and 134 to return to her seat in 134.

When took her first step down, her left foot hit something and she fell. Thornsberry said she saw a black, rubber strip running down the stairs. That strip was connected to the steps with gray molding that created a small lip raised slightly above the surface of the step.

Although that strip was visible, Thornsberry testified that she couldn't see the elevated molding because it was the same color as the concrete.

Legal action

In Thornsberry v. Detroit Tigers (MiLW No. 08-100003, 7 pages), the plaintiff filed a premises liability and negligence claim for injuries she sustained as a result of the fall.

Her negligence claim against the Detroit Tigers, Olympia Entertainment and Ilitch Holdings was dismissed for all three parties. The premises liability claim against Olympia and Ilitch Holdings was also dismissed, leaving only the claim against the Tigers.

The defendant filed a motion for summary disposition prior to discovery being completed by claiming the steps were open and obvious and didn't involve special aspects.

The plaintiff then served discovery requests to identify the manufacturer of the step stripping, the engineer of the stairway and the contractor who oversaw the construction of Comerica Park. Thornsberry also sought all documents associated with the construction of the stairway.

The defendant did not answer those requests, the COA opinion stated. The plaintiff then filed a motion to extend discovery and also alleged that summary disposition was premature.

The trial court granted summary disposition in defendant's favor without addressing Thornsberry's discovery arguments.

Analysis

The COA panel of Judges Anica...