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STATE OF MICHIGAN
COURT OF APPEALS


CYNTHIA MARIE LINCOLN, Personal Representative of the Estate of PAUL W. ELLSWORTH, Deceased, Plaintiff-Appellant, v SKATELAND ARENA and MCCOMBS ENTERPRISES, INC., Defendants-Appellees.

UNPUBLISHED February 23, 1999

No. 194291 Genesee Circuit Court LC No. 95-034222 NO

Before: McDonald, P.J., Jansen and Talbot, JJ. PER CURIAM. Plaintiff appeals as of right from a circuit court order granting defendants' motion for summary disposition and dismissing her complaint with prejudice. We affirm. Plaintiff's decedent was roller skating at defendants' rink. After leaving the skating surface and entering the snack bar, he collided with another child. He fell backwards, struck his head on a nearby table, and fell to the floor unconscious. He stopped breathing and efforts to resuscitate him were unsuccessful. Plaintiff filed this wrongful death action, claiming that defendants were negligent in providing an unsafe premises in general, placing the table too close to the doorway, failing to provide proper supervision in the snack bar, failing to direct traffic in and out of the snack bar, failing to provide adequate lighting, failing to provide adequate protective devices, and failing to warn. Defendants moved for summary disposition under MCR 2.116(C)(10), arguing that plaintiff's claim was barred by the Roller Skating Safety Act (RSSA), MCL 445.1721, et seq.; MSA 18.485(1) et seq. The trial court agreed and dismissed the complaint. The RSSA requires roller skating center operators to post the duties of skaters and spectators and the duties, obligations, and liabilities of operators as prescribed in the act in conspicuous places, to maintain the posted signs, to comply with the safety standards specified in the roller skating safety standards published by the roller skating rink operators association, and to maintain roller skating

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equipment and skating surfaces according to the same safety standards. MCL 445.1723; MSA 18.485(3). It requires skaters to read posted signs, to maintain reasonable control of their speed and course at all times, and to maintain a proper lookout to avoid other skaters and objects. MCL 445.1724; MSA 18.485(4). The RSSA also contains an assumption of the risk provision,

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Michigan Law