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Case returned to the trial court to examine "contract immunity."

Olivia Boitos sued Dynamic Visual Productions and several other defendants after shewas hurt in a dance competition.  The case was initially dismissed through the application of "contract immunity" as explained in Fultz v. Union-Commerce, a holding suggesting that a contract between two parties eliminated any safety duty to third parties.  After clarification of the Fultz holding in Loweke v. Ann Arbor Ceiling, the Boitos case was returned to the lower court to assess whether Boitos was injured by someone who violated a duty of safety independent of the contract obligation.  Loweke essentially held that while a safety duty to third-parties won't be created by contract terms, it may exist independently as a matter of "due care."

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