You’re Out! Court of Appeals Upholds Summary Disposition in Fall Down Stairs at Comerica Park

In Thornsberry v Detroit Tigers, Inc., the Court of Appeals applied longstanding principles of premises liability in upholding summary disposition in favor of Defendant. The Court ruled that the concrete steps at Comerica Park were an open and obvious condition with no special aspects making them unreasonably dangerous. In addition, although Plaintiff argued that the stairs should have had handrails, the Court refused to divert its attention from Lugo. The mere fact that an allegedly dangerous condition may violate a building code or ordinance is not dispositive of a defendant’s open and obvious defense. Lugo v Ameritech Corp, Inc, 464 Mich 512, 516 (2001).

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