BELLEVILLE, Mich. - A man who broke an ankle on an obstacle course at a pumpkin patch will get his foot inside a courthouse again.
Hamade fractured an ankle while running across tires that were part of an obstacle course known as "Tough Farmer." He said he was injured while stepping on a tire that was very soft at the fall attraction near Belleville.
DeBuck's argued that the spongy tire was an open and obvious risk, a key legal standard under Michigan liability law.
"It's an obstacle course. It's meant to be difficult to traverse," attorney Drew Broaddus said at a Feb. 3 hearing.
But the appeals court said the tire's condition was not obvious.
"If they'd called it the `spongy tire challenge' we might have a different case. But that's not what it was presented as," Judge Michael Gadola said.
Hamade's lawsuit now returns to Wayne County Circuit Court.