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Lewis v. Heritage Center Foundation9/11/2003
ous, defendants did not owe plaintiff a duty to warn or make safe.
Plaintiff did not present any evidence of special aspects of the opening in the web tower that would render the opening unreasonably dangerous despite its open and obvious nature, and no evidence was presented that the openings presented an especially high risk of injury . Lugo, supra. To the contrary, evidence was presented that there had not been any previously reported injuries on the play structure arising from a child falling through the openings in the web towers. Plaintiff contends that she did not expect there to be an opening on the bottom of each level of the web tower but, rather, solid netting on the bottom. However, plaintiff's risk of falling through the opening would have been eliminated had she observed where she was jumping. There is no genuine issue of material fact with regard to whether the opening presented an unusual risk of harm.
Affirmed.
Jessica R. Cooper
E. Thomas Fitzgerald
Kirsten Frank Kelly
Page 1 2 Michigan Personal Injury Attorneys
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