Christine Soave v. Barnes Real Estate Holdings LLC, 357196

Plaintiff Christine Soave slipped on ice while walking from a Belle Tire store to her parked car on a cold, snowy November day; store surveillance showed ice and some snow near the entrance and driveway.
Soave testified there was snow but no ice when she entered; about 45 minutes later she fell on a "big spot" of ice on the same path; she acknowledged a dry area on the route but said it was blocked by another person.
Belle Tire’s manager had an employee spread salt on the approach sidewalk before the store opened.
Defendants named included Barnes Real Estate (dismissed by stipulation), Belle Tire Distributors, Backer Landscaping (snow/ice contractor), and Premier Lawn Care (subcontractor); Soave dismissed Barnes and did not challenge summary disposition for Premier on appeal.
The circuit court granted summary disposition under MCR 2.116(C)(10) to Belle Tire, Backer, and Premier; on appeal the Court of Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the ice was open and obvious	Soave: it was "nearly invisible black ice" and not reasonably discoverable	Belle Tire: weather, visible snow/wet path and others' observations provided obvious indicia of ice	Court: Ice was open and obvious given weather and wet conditions; summary disposition affirmed
Whether the hazard was effectively unavoidable	Soave: the ice was unavoidable on her path to her car	Belle Tire: invitee not compelled to confront hazard; no evidence of compulsion or lack of safe alternative	Court: No compulsion shown; Hoffner rule controls and Livings (employment-entry exception) does not apply; held not effectively unavoidable
Whether Soave preserved/argued claims against Backer Landscaping on appeal	Soave presented no appellate argument against Backer	Backer: summary disposition proper	Court: Soave abandoned claims against Backer by failing to brief them; affirmed
Nuisance claim	Soave raised nuisance below	Defendants: moved for summary disposition	Court: Nuisance not argued on appeal and therefore not pursued (abandoned)

Janson v Sajewski Funeral Home, Inc., 486 Mich 934 (black ice is open and obvious where weather and other indicia of hazard are present)
Jeffrey-Moise v Williamsburg Towne Houses Coop, Inc., 336 Mich App 616 (wet surfaces can provide notice of possible ice)
Hoffner v Lanctoe, 492 Mich 450 (effective-unavoidability requires compulsion; ordinary invitees are not compelled)
Estate of Livings v Sage’s Investment Group, LLC, 507 Mich 328 (created narrow employment-entry exception to effective-unavoidability)
DeFrain v State Farm Mut Auto Ins Co, 491 Mich 359 (describes when an appellate order may carry precedential effect)