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Puddle of Yuck: Court of Appeals Affirms Water and Degreaser Puddle in Restaurant Parking Lot is Open and Obvious Condition
In Reimer v Red Coat Tavern, Inc., unpublished opinion per curiam of the Court of Appeals, issued July 24, 2018 (Docket No. 338117), the Court of Appeals affirmed summary disposition in favor of Defendant following Plaintiff’s slip and fall on water in the restaurant parking lot. Significantly, the Court of Appeals rejected Plaintiff’s contention that her claims were sounded in ordinary negligence as opposed to premises liability. In looking at the entirety of Plaintiff’s Complaint, it was clear that Plaintiff alleged that she was injured by a dangerous condition on the land, invoking premises liability claims. After a thorough premises analysis, the Court of Appeals found that the water and degreaser puddle in the parking lot was an open and obvious condition on the land. Further, no special aspect to the open and obvious hazard existed, warranting summary disposition in favor of Defendant.
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