TOV Injury and Safety Blog

Court allows rare claim against teachers to go to trial in wrongful death case

Maria Anderson, sued two teachers at the Swartz Creek Middle School after her sixth-grade son drowned during a physical education class.  Because of governmental immunity, she could not sue the school system, and can only sue the teachers if they were guilty of "gross negligence" that was "the" cause of her son's death.

Anderson provided evidence that a sixth and a seventh grade class were combined in the pool, more than fifty kids, when one of the teachers decided to take his class to the pool because the gym was occupied.  His class received only five minutes of instruction and inadequate testing before they were released for "free swim."  That instructor then left the pool to enter attendane in the computer--a task he was not time-limited to perform.

Injury at amusement park results in money verdict--but for the amusement park and against victim.

Marilyn Lukas attended the Carnival at the Taylor Summer Fest with her husband and kids.  As they were walking down the midway near the "Beer Bust," a softball struck her in the face, broke her nose, lacerated her cheek and took some of the pleasure out of the family's outing.  Lukas sued the operator of the Beer Bust game and the operator of the carnival, alleging poor design and management of the ball-throwing game.  To make a long story short, the Carnival operator argued that Lukas couldn't prove that the Beer Bust was the source of the ball that struck her, and the jury concluded that the operator wasn't responsible for Lukas' injury. 

The Carnival operator then sued the Beer Bust operator to recover its defense costs of $117,000.00.  The lower court entered a judgment for that amount, based on the Beer Bust operator's indemnity contract with the Carnival (agreeing to hold the Carnival harmless for any claims arising out of the Beer Bust's activities).    The Court of Appeals reversed, holding that given the jury's verdict in the case brought by Lukas, the indemnity contract language was ambiguous in attempting to shift the defense expenses to the Carnival.  We guess there was "due process" here, but it is hard to see this result as a common sense example of a "system of justice."   Do you think this is what most people think they are buying when taxpayers fund the operation of a court system?  Certainly insurance companies are getting their money's worth.

Court of Appeals dismisses schoolgirl's injury claim, overlooks defense attorney's misconduct

Amanda Berry fell off the stage at Dearborn Heights Montessori school during Family Night activities and suffered severe injuries.  Her parents filed suit against the school, arguing that the stage should have been closed for the event because, lacking any railing, it was a hazardous condition for young children playing.  At trial, the defense attorney was prohibited by the judge from arguing that the mother was inattentive and at fault for allowing the injury to occur.  Nevertheless, he made several references to the fact that the mother "wasn't paying attention to" Amanda when she fell, ostensibly to prove that she didn't know how Amanda fell.  The jury gave a verdict to the School and the family appealed.

Case examines duty of care of 17-year old bicyclist and motorist who struck her

Hali M. Steele was riding adjacent to another girl in the right lane of 14 Mile Road in Calhoun County.  The other girl was nearer the fog line as Ronald Gilis and Penny Gillis approached at 55 miles per hour in their minivan.  The minivan slowed to about 40 miles per hour when Hali reported "panicked" and swerved into the left lane in front of the Gillises.  Steele filed suit against Gillis for negligence, and a trial resulted in a verdict in favor of the minivan driver.  Steele's attorneys appealed, raising several arguments.

Insurers 2 for 2 today in denying homeowners' coverage, winning dispute

Fremont Insurance Company and IDS Property Casualty Insurance Company each avoided insurance coverage to an insured this week.  Fremont ducked coverage for an ATV injury caused by its insured Nathan Kadau, while IDS avoided paying for a theft from its insureds, Steven and Helen McGuinness.

Van parked where it blocked "only" one-half of one lane of residential street is "not an unreasonable hazard."

Daniel Marcoux was drinking and snowmobiling with a friend when the headlight on his snowmobile fell out of the housing.  The two men could not find the light, so they returned home without benefit of a headlight. Marcoux dropped his friend off and was travelling to his own home when he struck the rear of a van that had been parked in the travel portion of a residential street. He suffered significant injuries including a "shattered" femur, facial fractures and a fractured clavicle.  He sought PIP benefits (medical and three years of wages and household services) from the owner of the van.

Court upholds hold harmless agreement executed by volunteer employee

Patricia Brown was injured in a fall at the Northwoods Animal Shelter.  She attempted to sue, however, the shelter's insurer sought dismissal of her claim, relying on the hold harmless agreement she was required to sign before beginning work as a volunteer.  Brown's attorneys argued that the hold harmless agreement or "release" was not valid because such an agreement requires consideration and she did not receive any.  The Court dismissed this argument and held that allowing Brown to work with the animals was adequate consideration for her waiver of rights.

Court refuses to grant school attorney's fees after dismissing gym class injury case

In Williford v. Thorington, the Court of Appeals dismissed a young girl's injury claim after she suffered injury when another youngster joined in a gym class soccer game and fractured her femur.  The Court held that the Michigan Supreme Court's decision in Richie-Gamester required the girl to prove "gross negligence" rather than mere negligence [lack of due care] when an injury results during "participation" in a recreational activity.  The School system's insurer then sought attorney's fees against the child's mother.  The Court of Appeals rejected this request, pointing out that the applicaction of Richie-Gamester to a child participating in gym class was an issue of first impression. The Court also pointed out that there was a substantial question of public policy with regard to whether the same additional protection from suit should apply to a child participating in recreational activities when participation is mandated by a school which the child is required to attend.

Court reverses and dismisses claim against parent-coach participating in softball practice

Emily French was badly hurt when she was struck in the face by a ball off the bat of a parent-coach, John MacArthur, during fielding practice.  MacArthur had intended to hit a ball to the outfield, but instead struck a linedrive that hit French in the face on the pitching mound.  The Court held that under the Richie-Gamester test established by the Engler majority, the parent-coach was guilty only of negligence and therefore immune from responsibilty for the injuries he caused:  the child had waived any claim for "negligence" by reason of her participation in the recreational activity.

Injury claim against school volleyball coaches is dismissed

Felicia Krol suffered a fractured vertebra during a pushup exercise conducted by the Dryden Community Schools volleyball coaches during tryouts.  She sued the coaches, and in an attempt to avoid the impact of governmental immunity, she claimed that the coaches were guilty of gross negligence, since governmental actors have immunity for ordinary negligence.  The lower court and the Court of Appeals both rejected the argument that any conduct of the coaches would constitute "gross negligence" and dismissed Krol's injury claim.

Ski instructor assumes no duty to children taking class

Frederick Sieradzki suffered a fractured leg when he was struck by an out-of-control skier while taking a beginning snowboarding lesson.  His mother sued the instructor and Mt. Holly Resort, alleging that the instructor was negligent in exposing Frederick to injury.  The Court of Appeals upheld the lower court's dismissal of Frederick's claim, deciding that the instructor owed no duty to Frederick.  That would be news to most parents who sign their kid up for skiing or snowboarding lessons.

Court of Appeals must address "public building exception" to governmental immunity

Denise Andrus fell while leaving the back exit of the Southgate Civic Center after attending her grandaughter's skating practice.  She was carrying two boxes of fund-raising candy to her car when she stepped on a drop-off in the dark and tore her rotator cuff.  She filed a claim against the City owner, alleging that the fall resulted from the non-operation of the three entryway lights attached to the walls near the rear entrance.  The City argued that the injury didn't fall within the public building exception to immunity and appealed the trial court's decision to the contrary.

Boy injured during rowdy YMCA basketball game cannot recover from insurer of boy who assaulted him

Two  13-year olds were involved in a YMCA basketball game in Grand Rapids, when the game got out of control.  According to Matt Volk, his opponent Nicolas Andrzejewski was unduly rough and "dirty."  Nick claimed that Matt shoved him in the back, and in response, Nick struck Matt or knocked him down.  Matt suffered a very serious head injury and began seizuring  immediately.  His parents ultimately filed a lawsuit against Nick and his parents to recover for his expenses and losses.

Court rules that motel owes no duty of safety to minor pool users

In a tragic Ingham County case, Domonique Wheeler drowned in a Comfort Inn pool during his sixth birthday celebration.  Domonique's mother had rented two rooms at the pool and invited five other children to swim with Domonique.  She was watching the children, and her infant, when Domonique slipped under the  water unnoticed for one to five minutes. His mother and another motel guest were unable to revive Domonique.  His Estate filed a wrongful death action against the motel, essentially arguing that it owed a minimal duty to assure the safety of minor pool users through some form of supervision, surveillance and safety equipment.

Golfer struck in the face by club swung by another golfer must show "reckless misconduct" to recover damages

Ronald Blakney sued Bradly Dery after the two golfers became entangled among fifty golfers delayed from starting their round by fog.  As the fog cleared, Blakney was called to the tee by the ranger, however, as he approached, he was struck in the face by a club swung by Dery.  Dery claimed that Blakney walked into his stationary club and also argued that as a co-participant in a recreational pursuit, he was entitled to limited immunity (from ordinary negligence). 

Case brought for injured cheerleader is reinstated

Jessica Sherry was badly hurt at a cheerleading camp.  She was part of a group of high school girls who were practicing stunts when the girls lost focus, got distracted, and began to fool around.  In violation of the rules of the camp, no instructor was present, however, one instructor became engaged sufficiently to threaten the girls with punitive laps if they did not straighten out.  Left to their own devices, the girls embarked on a dangerous "throw" maneuver while continuing to engage in horseplay.  The outcome was Sherry's injury.  Her mother filed suit against the East Suburban Football League sponsor and others, alleging negligence.

Tennis player injured by another's tantrum cannot sue

David Juhas was engaged in tennis practice at Anchor Bay High School when he violently backhanded a stray ball, striking John Chryczyk in the eye on an adjacent court, and causing severe injury to Chryczyk's eye.  Chryczyk sued Juhas in an  attempt to secure compensation from Juhas' homeowners' liability coverage.

Dispute among "horsey" set in Oakland County addresses stray dogs and leash ordinance

Kallie Roesner and her neighbors Robert Tyler and Helen Hourdakis have engaged in a long-running dispute over property boundaries, alleged stalking, trespass, assault and whatever other neighborly conduct can be accompanied by a "hand gesture."  Eventually, Roesner filed a lawsuit (not the first between them) alleging that the Defendants' dogs had run into the road and startled the horse she was riding, causing her to suffer a broken nose, a herniated disk,  "whiplash" and a wrist injury.  The Circuit Court judge dismissed  her various claims, including her claim that the defendants' loose dogs violated Oakland County's leash ordinance.  On appeal, the Court of Appeals upheld  most of the dismissal, but reinstated the injury claim arising out of the violation of the leash ordinance.

Throwing child from shoulders during "horseplay" cannot be gross negligence

Two judges of the Court of Appeals dismissed an injury claim filed by the Next Friend of Christopher Evans against an employee of the City of Jackson, Dan Gribble.  Evans suffered a broken wrist when Gribble placed Evans on his shoulders and then threw him in the air, [hoping] "he would land on his feet."  The judges voting to dismiss the case maintained that Gribble's actions merely displayed "playing" and "potential" negligence or carlessness, but not the "gross negligence" required to avoid governmental immunity. 

Mining Company may be responsible for injuries caused by damage it caused at highway-driveway connection

As a result of a fall on her bicycle, Debra McCue suffered a skull fracture and head injuries so severe that she required a conservator.  The fall occurred while McCue was participating in a bicycle tour, and in particular, while she was biking on M-134 in Mackinac County.  Her Conservator alleged that the fall was caused by deterioration in the road where an O-N Minerals Company driveway entered M-134.  It was also alleged that the deterioration was the result of O-N driving extremely heavy trucks across the road at this location.  O-N argued that the State had sole jurisdiction and responsibility for maintaining the highway, and that it owed no duty to McCue or the traveling public.

Woman who fell entering gym can sue the property owner

Charlotte Hoffner and Blue Cross sued Richard and Lori Lanctot, the owners of the commercial building, and Hoffner's gym, "Fitness Xpress," after Hoffner fell on the sidewalk approach to the gym's only entrance.  Hoffner confirmed that she saw glare ice as she approached the door, but thought she could negotiate it safely because she was a "UPer" accustomed to winter, she was wearing good boots and she was being careful.  She was wrong, obviously, or we wouldn't be discussing her.

Her lawsuit against the gym and the commercial building owner ended up in the appellate court after the trial judge ruled that none of the defendants was entitled to summary disposition.  On appeal, the higher court reversed part of the ruling and affirmed the remainder.

The Court of Appeals ruled that since the gym did not have "possession or control" of the sidewalk and wasn't responsible for snow and ice removal, it should be dismissed.  The Court noted that the building owner was responsible for these duties in the lease and the sidewalk served several commercial entities in the building:  therefore the landlord was in possession and control and was the only party who could potentially have "premises liability."

The landlords also argued that they should be dismissed, on the theory that Hoffner signed a release when she joined the gym that arguably waived any potential claim against any party if the claim arose out of her use of the gym equipment and facilities.  The Appellate Court noted that this type of language can be enforced, however, in this case there was an understandable ambiguity about whether the language was intended by the parties to apply for the benefit of a third-party whose liability arose from negligence in maintaining the exterior sidewalk.

Lastly, the landlords argued that since Hoffner could have walked away when she saw the ice, the landlords were relieved of a premises' occupiers' duty to render the hazard safe. They suggested that the "ability to leave" and go to another location for services made the hazard avoidable.  The Court relied on another precedent, involving injury at a gas station, to reject this argument.  As the Court noted,  Hoffner had paid to use THIS facility--presumably for health reasons--and had a right to exercise her commercial invitation.  Since this was the only entrance to the facility, the landlord's duty to maintain it was not eliminated by the "open and obvious" nature of the hazard.

Quadriplegiac cannot sue camp for injuries suffered on water slide

Robert Watkins sued the St. Francis Camp on the Lake after he suffered spinal injuries on the camp water slide.  Watkins is a mentally competent 34 year-old who was confined to a wheelchair due to cerebral palsy.  He also suffers from spinal disc disease, arthritis, and speech disorders, although he does not have an appointed guardian.  When he enrolled in the camp, his mother explained these problems in his camp application and recommended that his involvement in certain activities be limited.

Tenants can sue over ice and snow in common area of apartment house

Christopher Lemon was a student at MSU in 2005.  He lived in a rental house near campus.  He fell on ice and suffered injury on December 23, in an asphalt area between the house and the driveway.  The area was used by all tenants to access city garbage receptacles and for recreational space.  Lemon's attorneys claimed that the owner of the rental violated MCL 554.139, requiring him to keep the common areas "fit for the use intended."  The insurer for the landlord argued that the area of the fall was not a "common area."  It also argued that in this situation "fitness for the use intended" did not include removal of snow and ice. 

"Slide tackle" in soccer is "part of the game."

Julie Hlywa sued Liberty Park of America and Denise Pond, after she was injured during a soccer game.  Hlywa claimed that the opposing goalie, Ms. Pond, injured her in the process of denying her the ball; she offered into evidence affidavits from two teammates attesting to the fact that Pond used a slide tackle to deny possession of the ball.  At Liberty Park, slide tackles are illegal and posted regulations make that clear. 

Court dismisses wrongful death claim arising out of drowning

Ryan Binning drowned while swimming in Cass Lake.  He was on a pontoon boat with Frederick Binno and others when they decided to go for a swim in the middle of the lake.  The boat operator did not anchor the boat.  While the swimmers were in the water, a storm blew up causing the boat to drift away from the swimmers.  Before the boat could be operated into close proximity of the group of simmers, Ryan drowned.  His companions claimed that he did not call for help before slipping under the water twice and failing to surface after the second submersion.  Ryan's family filed suit against the boat operator and owner, alleging negligent "operation."

Supreme Court confirms long-standing rule: parents can't waive a child's injury claim before it occurs.

The so-called "common law" is the collection of judicial decisions starting with the English Courts before the American Declaration of Independence and continuing through today in any area of law not governed by statute.  In Michigan, that common law has long included the well-established principle that a parent cannot contract away a child's important rights.  The latter principle had been further defined to include the right to pursue a personal injury claim among the protected rights of the child.  This common law principle had also been recognized and reinforced in Court Rules and other public policy decisions protecting an injured child's interests and stipulating, for example, that a court , must approve any attempted waiver or compromise of a child's injury claim. This week a badly-divided Michigan Supreme Court reaffirmed these principles in Woodman v. Kera LLC, doing business as Bounce Party. 

Court upholds dismissal of injury case arising out of climbing wall at club

Clinton Lucas was badly hurt when he fell twenty feet to the floor at the Norton Pines Athletic Club in Muskegon.  In order to participate in Club activities, Lucas was required to sign a "release" pursuant to which he assumed the risk of injury arising out of participation in recreational activities or use of the facilities.  He had also executed a mandatory "Climbing Wall Release of Liability."  He was an experienced climber who had developed a pattern of interaction with the Club employee who was managing the wall on the night Lucas fell.

Court slaps down Farm Bureau's "totally unfounded position" regarding ORV

In another example of "boys being boys" resulting in tragedy, three young men near Port Huron suffered a collision while attempting to assess the top speed of a dirt bike.  They were operating the bike, a re-built 4-wheel ORV, and a pick-up on the highway in tandem when the boy on the bike lost control, contacted the ORV, and was runover by the pickup.  The succeeding battle over who should pay the badly injured bike-operator's medical expenses became Schultz v. Blue Cross-Blue Shield.

Court rejects injured employee's claim arising out of Palace Brawl

Julie Socia sued two Indiana Pacers, Jermaine O'Neal and David Harrison, after she was struck in the head by a thrown chair.  As most of the sporting world knows, a 2004 game between the PIstons and Pacers was canceled after the teams, and then spectators, became embroiled in a fracas that caused several injuries.  Socia was employed at the Palace and was engaged to provide crowd control as the Pacers left the arena's playing floor.  She argued that O'Neal and Harrison re-engaged with the rowdy spectators while leaving the floor and provoked the chair-throwing incident that caused her injury.

Claim against roller rink is dismissed

Debbie Kline suffered a head-injury at the Skatemore, Inc., Rollhaven Skating Center in Genessee County.  She argued that the owners were negligent in allowing physical contact between the skaters on the very first day of a class intended to teach "roller derby" skills.  The Genessee County Circuit Court granted Skatemore summary disposition under the Roller Skating Safety Act (RSSA) which grants limited immunity to roller skating centers.  Kline's attorneys appealed, arguing that her claim was based on Skatemore's conduct of the "roller derby" class and not governed by the RSSA.

Buyer who did not read paperwork cannot dispute sales numbers

Toni Plummer sued Finish Line Power Sports, Inc., alleging that the used snowmobile she bought was priced incorrectly.  She also claimed that the sled had dents in it that had not been present when she initially agreed to buy it.  The Company pointed to its paperwork that Toni signed and refused to re-negotiate or allow the sled to be returned.  The trial court rejected her claimed violations of the Michigan Consumer Protection Act, but did allow a modest verdict related to the dents. 

On Appeal, the Court pointed out that since Toni admitted she didn't read the paperwork that came with the sled, she couldn't contest what it said by arguing it contradicted what she was told verbally.  She was held to the $5,200.00 price for what she thought would cost $3,000.00.  What's more, she was not allowed to object to the exorbitant interest charge, because the monthly payment amount and term were on the contract she signed, which the Court of Appeals concluded allowed her the right to confirm the interest rate by "a simple calculation."  We have some question about just how "simple" that interest calculation would have been, although when someone concedes that they haven't read the paperwork and instead relied on verbal representations, they don't end up with much of a "leg to stand on," legally.

Kid hurt in gym class cannot sue becaues she "assumed the risk" of playing soccer

Heather Willford suffered a serious knee injury after she was kicked by Travis Thorington in gym class.  Her father, as her Guardian, filed a negligence claim, alleging that Travis had been guilty of negligence or gross negligence in injuring her.  The insurer for Thoringtons filed a motion to dismiss the claim, arguing that under the Ritchie-Gamester v. City of Berkley decision, Heather had "assumed the risk of injury" by participating in the gym class soccer game.  The lower court had rejected this defense, finding that since Travis was allegedly not involved in the game being played, Heather had not assumed the risk that he might hurt her. 

Claim against roller rink dismissed after employee collides with skater

The Court of Appeals ruled that Skateland Arena in Flint owed no duty to Daquiri Hines, a minor who was injured when he was run down by the Arena's employee, Kelly Maule, while both were observing a game of dodge ball at the arena.  The Court ruled that Hines' attorneys had not met their burden of demonstrating that Skateland did not comply with the safety standards published by the rink operators association, and that Skateland owed Hines no other duty under the Roller Skating Safety Act. 

While the court recognized that the Legislature did not intend to grant roller rinks complete immunity under the RSSA, it nevertheless concluded that Hines had "assumed the risk" of injury and refused to follow the guidance of a previous decision that required rink floor guards to exercise "good judgment".  The case is another example of the special privileges and immunities afforded business entities with special access to lobbyists and legislators. 

Were roller rinks leaving the state due to liability problems?  Do they serve such an important public purpose that we should afford them immunity from their mistakes and from the injuries they cause?  Sadly, none of that matters.  They had the votes in the legislature, and sometimes they have the votes in court, to grab civil protection that ordinary people aren't accorded.

Consumer Product Safety Commission eyes standards for 4-wheel ORVs

The CPSC recently rejected voluntary safety standards suggested by manufacturers of 4-wheel ORVs, finding them inadequate.  Instead, it will take testimony from the industry and the public and compose independent standards.  It noted that the side-by-side off-road vehicles, capable of speeds in excess of 35 miles per hour, are involved in a disproportionate number of deaths and injuries.  In March, Yamaha recalled 100,000 of its Rhino models for repairs, after two models were linked with 46 deaths in six years.  The vehicles pose a substantial roll-over risk and have been associated with 116 deaths and many serious injuries since 2003.  Many of the victims have been children.  Industry spokesman suggest that the deaths are merely the result of owners' unsafe use.

Football trainers recommend elimination of "two-a-day" practices

Almost every year, several high school football players die of heat-related illness during two-a-day practice sessions.  The NFL and the NCAA have eliminated the practice of commencing the season, during the hottest months of the year, with multiple daily practices.  Yesterday, the national association of football trainers recommended that high school follow the NCAA's lead and eliminate twice-daily practices during the first 14 days of conditioning.  It also recommended that if twice-daily practices are scheduled after the first week, they be followed by single practices on the next day.  On the same day this report was issued, a Western Carolina defensive back collapsed and died during a voluntary work-out.

Court interprets Equine Activity Liability Act to protect owner from negligence

Trina Beattie was injured when a horse being saddled by its owner startled and lifted her off the ground as she grasped its halter.  She missed several months of work and has continuing long-term physical ramificiations from the injuries she suffered.  Beattie and two companions alleged she'd been invited to defendant's home to ride a partially-broke horse, while defendant argued Beattie had invited herself.  Before reaching the factual discrepancies, however, the Court of Appeals upheld the dismissal of Beattie's case, based on its interpretation of the Equine Activity LIability Act.

Baseball injuries to children

The New York Times reported on June 9 that a just released Consumer Product Safety Commission report documented that 1.5 million kids went to the Emergency Room over a 13-year period with injuries that resulted from baseball.  The study will appear in the June, 2009 issue of Pediatrics.  Most injuries were minor, and facial injuries were most predominant.  98 percent of the kids were treated in the E.R. and released, although more than 24,000 required hospitalization.  One author suggested that mouth guards are "low tech, low cost and readily available" and should be a routine part of baseball culture.

On a personal note, having sacrificed three front teeth to the sport, and fractured an ankle, while never suffering a serious injury in football, I'd have to say that my high school baseball career would tend to corroborate the findings of this study.  Even if my "career" ended long before the study period started.

Court stretches to enforce pre-injury release executed by volunteer

Teresa Theodore volunteered to work at a racetrack in Oakland County.  On her first day, she was required by the racetrack to execute a release which "waives, discharges and covenants not to sue" for any injuries suffered "arising out of or related to the event(s)" held at the racetrack. An undetermined time later, she was struck by Raymond Horenstein's trailer as he was leaving the paddock area.  She sued Horenstein for her injuries, but his insurer persuaded the trial court that her claim against Horenstein was waived by the release she signed when she agreed to volunteer.  The Court of Appeals agreed.

Death of Tyson's child draws attention to danger of treadmills

When Mike Tyson's four-year old daughter died in the boxer's home after becoming entangled in a treadmill, it helped to publicize the potential danger of home exercise equipment.  The New York Times indicated that about 25,000 children are brought to Emergency Rooms each year as a result of injuries suffered on recreational equipment, including burns from contact with the treadmill belt.  An Australian study suggests that friction burns to children account for one percent of all severe burns suffered by kids.  Medical authorities have documented a propensity for children to approach their parents on the treadmill and friction burn injuries so severe that skin grafting is required.  The Australian government, doctors and Consumer Reports recommend that treadmills be unplugged whenever they are not in use and that they be positioned so as to allow parents to detect the approach of children when they are in use.

Claim arising from punch thrown during soccer match is reinstated

Basil Esshaki suffered a broken jaw and lost four teeth when he was punched by Scott Millman during a soccer match.  He sued to recover compensation, including medical expenses, that resulted.  The Oakland County Circuit judge dismissed the case, holding that only Esshaki's testimony supported a claim that the injury was other than a typical sporting injury; the judge claimed that by engaging in the game, Esshaki waived any claim of injury resulting from the ordinary risks associated with participation.