Theater of pain: Woman loses appeal over fall at Perry show

Posted at 7:56 AM, Oct 12, 2017
and last updated 2017-10-12 07:56:29-04

The Michigan appeals court has dropped the curtain on a lawsuit by a woman who said she was ushered to the wrong seat at a Detroit theater, fell and hit her head.

Betty Davis ended up missing the Tyler Perry show at the Fox Theatre. Now she's lost her case in a 3-0 decision released Wednesday.

Davis and friends from church had tickets to a Perry show. They were escorted to their seats by an usher but discovered that the seats were wrong.

Davis fell and hit her head on a marble wall. She accused the usher of creating the "dangerous condition."

But the appeals court says Davis should have anticipated the "open and obvious risk" of a dark theater. She was seeking more than $25,000 from Olympia Entertainment.