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Premises Liability/Slip and Fall
Premises Liability / December 14, 2010
Court/Case No: Michigan Court of Appeals No. 293830
Tried/Argued Before: Judges
Demand: In excess of $25,000.00
Verdict: Summary Disposition Affirmed
Name of Judge(s): O'Connell, Bandstra and Murray
Keys to the Case:
Thorough briefing in the Court of Appeals, in order to address Plaintiff’s numerous theories of liability. This was a factually unusual case involving a Plaintiff who slipped on the icy road adjoining Defendant’s property, then fall onto a metal pipe stuck into the ground in Defendant’s yard. Plaintiff’s status on the land (invitee, licensee, or trespasser) was disputed because she did not intend to enter Defendant’s property, but at the same time she did not have permission to do so. It was also disputed whether premises liability defenses (particularly, open and obvious) applies because the condition that caused Plaintiff to fall was not on Defendant’s property. Plaintiff further complicated the matter by attempting to re-cast the claim, once on appeal, as one for ordinary negligence. Defense counsel’s briefing and oral argument ultimately persuaded the Court of Appeals that summary disposition was properly granted, as Defendant did not breach a duty to the Plaintiff under any legal theory.
Defense SW attorney(s) Involved in Case: