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A Song of Ice and Falls: Black Ice on Sole Entrance of School Gymnasium is Open and Obvious Condition with No Special Aspects

Premises Liability / August 23, 2018

In Estate of Anna Koetsier, by Timothy Averill, Personal Representative v Immaculate Heart of Mary Catholic School, unpublished opinion per curiam of the Court of Appeals, issued August 2, 2018 (Docket No. 339284), the Court of Appeals affirmed that black ice was an open and obvious condition on the school premises. Further, black ice covering asphalt to the sole entrance of a school gymnasium does not constitute an effectively unavoidable condition. The Court relied heavily on the facts and circumstances surrounding the weather on the date of the incident to show that there was indicia of a potentially hazardous condition.

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