Fraser Trebilcock attorneys Ryan K. Kauffman and Gary C. Rogers have obtained summary judgment in favor of the firm’s client in a federal court case where the plaintiff claimed to have suffered serious, potentially life-altering injuries from a fall from a zip line installed and maintained by the firm’s client. Plaintiff sought damages in excess of $75,000.
After considerable discovery, U.S. District Court Judge Hala Y. Jarbou held that the zip line was an open and obvious danger, and that as such, the defendant homeowners owed no duty to warn the plaintiff that she could be injured if she fell.
Mr. Kauffman was interviewed by Michigan Lawyers Weekly following the Court’s decision. “You know you have to hold on to the zip line and if you don’t, you know you are going to fall,” he said. “The plaintiff chose to try the zip line anyway because it is a fun activity and it is fun for precisely those reasons — there is a little element of danger. That doesn’t translate to a cause of action when you get hurt.”
You can view Michigan Lawyers Weekly’s article with Ryan’s interview here.