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Ritchie-Gamester v. City of Berkley

597 N.W.2d 517 (1999)

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Ritchie-Gamester v. City of Berkley

Michigan Supreme Court
597 N.W.2d 517 (1999)

Facts

Jill Ritchie-Gamester (plaintiff) was skating at the Berkley Ice Arena (arena) during an open-skate session (during which anyone could skate, regardless of skill or expertise) when 12-year-old Halley Mann (defendant) collided into her, causing Ritchie-Gamester to suffer a serious injury. Ritchie-Gamester sued the City of Berkley (Berkley) (defendant), which owned the arena, an arena employee (defendant), and Mann. Gamester-Ritchie alleged that Mann was skating backwards without sufficiently looking where she was going. Mann testified at her deposition that she did look behind her. After the parties stipulated to dismiss Berkley and the arena employee from the suit, Mann moved for summary judgment, arguing that there was no evidence that she had been negligent. The trial court agreed and dismissed the case. Ritchie-Gamester appealed to the court of appeals, which reversed, ruling that there was a genuine issue of material fact as to whether Mann had been negligent. Mann appealed to the Michigan Supreme Court. Mann conceded that there was evidence that she was negligent but asserted that she could be held liable only if she acted recklessly. Gamester-Ritchie argued that the negligence standard applied and conceded that Mann had not been reckless.

Rule of Law

Issue

Holding and Reasoning (Young, J.)

Concurrence (Brickley, J.)

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