Plaintiff Tests Elliptical Machine But Fails On Exercising Caution

In Miller v Dunham’s Discount Sports, ___ Mich App ___ (issued Dec 16, 2010) (Docket No. 294445), an unpublished decision, the Court of Appeals relied upon the “open and obvious” doctrine and affirmed a trial court’s dismissal of a lawsuit where plaintiff fell from an elliptical machine at a sporting goods store.