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Ice and Snow Remain Open and Obvious (For Now), Part II

Premises Liability / May 8, 2023

In Hudgins v Faraj, unpublished opinion per curiam of the Court of Appeals, issued May 4, 2023 (Docket No. 361732), the panel found that a snow-covered residential driveway was open and obvious, and did not present any special aspects.

The Plaintiff claimed that the condition was unavoidable because she was a postal carrier, and her job required her to deliver the homeowner’s mail. However, discovery confirmed that the post office gave her the discretion not to deliver to any residence that did not appear to be safely cleared of ice and snow.

The ruling comes on the heels of multiple Supreme Court Orders that cast doubt on the future of the open and obvious doctrine. See Ramic v Bullock Enterprises, LLC, 975 NW2d 917 (Mich, 2022); Grilli v Mon Jin Lau, Inc, 975 NW2d 465 (Mich, 2022); Kandil-Elsayed v F & E Oil, Inc, 969 NW2d 69 (Mich, 2022); Pinsky v Kroger Co of Michigan, 972 NW2d 256 (Mich, 2022).

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