Michael F. Schmidt And Nate Peplinski Obtained Summary Disposition On A Claim For Injury At A Gymnastics Class
In Holly Leshinsky v Livonia Ultimate Gymnasticz, plaintiff sued in Wayne County Circuit Court for injuries incurred when she fell from a spotting block which was part of an obstacle course set up for a parkour class as part of family day activities at the defendant’s premises. After discovery, we filed a motion for summary disposition that the claim was barred by the release signed by the plaintiff and because the plaintiff’s claim was barred by her voluntary participation in the recreational/sporting activity. We argued that per Ritchie-Gamester v City of Berkley, 461 Mich 73 (1999), the plaintiff voluntarily engaged in recreational activity and thus voluntarily subjected herself to the risk inherent in that activity which included falling from the spotting block. The trial court agreed and granted summary disposition.