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Premises Liability / November 3, 2011
Court/Case No: Oakland County Circuit Court / 09-104269 NO
Tried/Argued Before: Jury
Verdict: No Cause for Action
Name of Judge(s): Shalina Kumar
Keys to the Case:
Plaintiff contended that Defendant was negligent in that his property contained a gutter defect that spilled water onto Defendant’s driveway, creating a hazardous situation under adverse weather conditions.
This case was taken to the Court of Appeals on the “Open and Obvious Doctrine”, and sent back to the trial court for trial.
At trial, the defense centered on Defendant Mr. Polando’s care in shoveling the driveway before leaving for work on the day of the accident. He testified that he was aware that his 85-year old mother was going to be picked up by a van (driven by Plaintiff) and taken to a senior’s center. Mr. Polando made sure to apply salt on the route his mother was likely to take. He denied the assertion that his gutters were defective and caused an unusually high discharge of water onto the driveway.
In the alternative, the defense relied upon the Open and Obvious Hazard Doctrine, given that the Plaintiff described snow and ice not only on the driveway but throughout the general neighborhood.
The jury found no negligence on the part of Mr. Polando after deliberating for thirty five minutes.
Defense SW attorney(s) Involved in Case: