Pretzel & Stouffer Secures Victory for National Roller Skating Rink Operator in High-Stakes Case
David M. Bennett was successful in having its Motion for Summary Judgment granted and the case dismissed for his clients, Dr. Martin Luther King, Jr. Park and Family Entertainment Center and its operator, United States of America, Inc., in Chicago, Illinois. The 53-year-old plaintiff claimed for the first time at her deposition that she skated over a piece of candy which caused her to fall, severely injuring her back. However, plaintiff admitted at her deposition the candy must have been invisible because she never saw it before or after she fell, she did not know how long the candy was on the rink floor, and her family members admitted to never seeing the candy at their depositions. The employees testified by their depositions, incident report and employee statements that plaintiff told them a boy cut her off and caused her to fall.
The judge granted the Motion for Summary Judgment and ruled there was no evidence that the rink employees had any actual or constructive notice of any candy on the rink floor, and the plaintiff’s case was barred by the immunity provisions of the Illinois Roller Skating Rink Safety Act since the roller rink complied with the provisions of the Act.