West Palm Beach Partner Olga Butkevich prevailed on a Motion for Summary Judgment (MSJ) on a premises liability case in Palm Beach County. The Plaintiff, a minor, was playing a three-on-three game of basketball on a court in Defendant’s trampoline park. The court was an air track, an inflatable, rectangular tumbling mat used for sports training. The incident, which occurred in 2022, involved the Plaintiff and another player attempting to get a rebound of the ball during the basketball game and the other player accidentally elbowed the Plaintiff in the forehead, causing a skull fracture.
Though Plaintiff’s counsel attempted to rebut the MSJ stating that the air track was in dangerous conditions and that the minors were not being properly supervised, Ms. Butkevich argued that there was no negligence on the part of the Defendant. She demonstrated that there was adequate supervision of the game, no rules were broken warranting the game to stop, and the facility was operated and maintained properly. The incident was ruled as an unexpected accident.
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