Premises Action

Court/Case No: Oakland County Circuit Court/16-152104-NO

Tried/Argued Before: Judge

Demand: $130,000

Verdict: $0.00 Dismissal

Name of Judge(s): Honorable Hala Jarbou

Keys to the Case:

Plaintiff filed an action against Defendant Fifth Third Bank following a slip and fall on ice and/or trip and fall due to a defect in the bank’s sidewalk. Plaintiff sustained significant injuries to her left knee in the fall, ultimately requiring a total knee replacement.

At her deposition, Plaintiff testified that she had no idea what caused her to fall and never determined what caused her to fall.  She specifically testified that she did not see any ice, snow, or water on the sidewalk at any time.  Plaintiff further testified that there may have been a slope in the sidewalk that caused her to fall.  However, she did not notice a slope in the sidewalk, and, if there was a slope in the sidewalk, it was not in the area where she fell.

Defendant argued that there was no liability for the fall because (1) the alleged condition was open and obvious without meeting any exception to that rule; (2) Plaintiff’s claims were based upon speculation and conjecture; and (3) Defendant had no notice of the alleged condition.

Upon oral argument from counsel, Judge Jarbou took the matter under advisement and ultimately issued an opinion granting summary disposition in favor of Defendant.

Defense SW attorney(s) Involved in Case: