Frances B. Rogers v. Sportsworld of Rocky Mount, Inc., Rawl Industries, Inc., Sportsworld of Rocky Mount Limited Partnership, and T.J.O., Inc.

On 23 January 1993, Frances B . Rogers ("plaintiff") and her family visited Sportsworld of Rocky Mount, Inc., a family-oriented recreational facility where patrons pay a fee to skate on a polished wooden floor. Plaintiff paid an admission fee and obtained skates supplied by Sportsworld. The rental attendant failed to examine the skates to determine if they were in good operating condition. After putting on the skates, plaintiff entered the skating rink and began skating in a counter-clockwise direction. When plaintiff was approximately one-half to three-fourths of the way around the rink, she noticed the skate on her right foot would "stop and release" which prevented her from skating smoothly. Plaintiff was not aware of the specific cause of the problem. Plaintiff could not locate a rink employee to assist her, so she crossed the rink on the defective skate to get to her husband who was located near the side of the rink. When she approached the side of the rink, plaintiff proceeded to exit the rink on her own by stepping up with her right foot first. As plaintiff planted her right foot and brought her left foot forward, the skate on her right foot suddenly unlocked and "jerked to the right," causing plaintiff to fall, breaking her right ankle. On 22 January 1996, plaintiff filed a complaint alleging negligence against Sportsworld of Rocky Mount, Inc., Rawl Industries, Inc., Sportsworld of Rocky Mount Limited Partnership, and T.J.O., Inc. ("T.J.O.") (collectively "defendants"). At the conclusion of plaintiff's case, all defendants filed motions for directed verdict.

The trial court granted the motions of defendants Sportsworld of Rocky Mount, Inc., Rawl Industries, Inc., and Sportsworld of Rocky Mount Limited Partnership, but denied the motion of defendant T.J.O. Plaintiff's case against T.J.O. proceeded to the jury which ultimately awarded plaintiff $10,000 after several deliberations. Additionally, the court assessed $1,000.00 in cost to defendant.

Dr. Gregory Nelson and Dr. Adolpho H. Marsigli

Unknown

Defendant T.J.O. excepted and appealed. The North Carolina Court of Appeals reversed and remanded. See: 518 S.E.2d 551( N.C. App. 1999). The date shown above is the date of the appellate court decision and not the trial date. Reported by JAB.