Clahassey V. C Ami Inc.

479 Words2 Pages
CLAHASSEY V. C AMI INC. 2002 Mich. App. LEXIS 1352 September 24, 2002, Decided Law for Recreation & Sports Managers p.297 The Clahassey v. C Ami Inc. case is a case that illustrates the value of a sound risk management plan. The defendant clearly held an event in a hazardous location, did not use enough spotters, and failed to warn others of the risks. This case also illustrates the importance of training personnel who will complete incident reports to include essential information and omit potentially harmful editorial comments. In this negligence action, defendant C Ami Inc (Traffic Jam Lounge) appeals as of right from a judgment entered in favor of plaintiff following a jury trial in the amount of $77,950.50 including $59,321.50 in attorney fees that defendant was ordered to pay as case evaluation sanctions. This case arises from injuries suffered by plaintiff while participating in a mock sumo wrestling match held at defendant’s lounge. The match entailed dressing up and the outfits impaired mobility and full range use of the arms. During the match, the plaintiff fell into the bar stool located at the perimeter of the ring, sustaining injuries to her face and mouth. Issues to be decided are if someone who voluntarily participates in a competition like this with knowledge of the risks of the activity should be responsible or if the risks of the competition were even open and existed which would be the fault of the defendant. The trial court denied defendant’s motion, concluding that a question of fact regarding whether the risks of the competition were open and the obvious existed. Defendant was correct and the law does recognize varying degree of risk and imposes varying degrees of responsibility on landowners based on those risks and the nature of the conditions involved. However the jury instructions
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