DETROIT (AP) – The Michigan appeals court has dropped the curtain on a lawsuit by a woman who said she was ushered to the wrong seat at the Fox Theatre, fell and hit her head.

Betty Davis ended up missing the Tyler Perry show. 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.

 

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