Where Unstable Porch Gives Rise to Inference of Property Owner’s Negligence, No Evidence of Notice is Required

Crocker v Melvindale Home Park (unpublished COA opinion per curiam) underscores that “if the evidence leads to an inference that” the property owner “created the condition that caused plaintiff’s fall, proof of notice is unnecessary….” In Crocker, the panel unanimously found that the trial court had incorrectly granted the property owner’s motion for summary disposition, which had been based on the lack of actual or constructive notice.

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