Doreed a Abeelhd v. Om Center Line Oil Inc
333299
| Mich. Ct. App. | Nov 16, 2017Background
- Plaintiff (business invitee) slipped and fell near the outside entrance of OM Center Line Oil’s convenience store on a January day with cold, snowy, icy conditions.
- The entrance area features a step/elevation change (like a curb) between the parking lot and the doorway; plaintiff said snow covered the area.
- Plaintiff testified he slipped at the spot where the elevation changed but could not recall exactly what he slipped on and also testified that the snow made him fall.
- Plaintiff argued the snow concealed the elevated plane/curb, making the hidden elevation change the cause of his fall and precluding application of the open-and-obvious doctrine.
- Defendant moved for summary disposition under MCR 2.116(C)(10), asserting the snow/ice hazards were open and obvious and that plaintiff offered no evidence that the hidden elevation caused the fall.
- The trial court granted summary disposition for defendant; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the snow/ice and/or concealed elevation change at the entrance were open and obvious, precluding liability | Abeelhd: The curb/elevation was concealed by snow and unexpectedly elevated, causing the fall, so the open-and-obvious defense should not apply | OM Center Line Oil: Snow/ice conditions were open and obvious; plaintiff’s testimony does not establish that a concealed elevation, rather than the snow/ice, caused the fall | Court: Snow/ice were open and obvious; plaintiff failed to show the change in elevation caused the fall, so open-and-obvious doctrine bars recovery |
| Whether a special-aspect exception to the open-and-obvious rule applied | Abeelhd: Implicitly argued the concealment could create an unreasonable risk (special aspect) | OM Center Line Oil: No special aspect; surrounding conditions do not render the hazard unreasonably dangerous | Court: Plaintiff did not claim special aspects and the record does not support that exception |
Key Cases Cited
- Hoffner v. Lanctoe, 492 Mich. 450 (2012) (explains Michigan premises-liability duties, open-and-obvious doctrine, and special-aspect exception)
- Pioneer State Mut. Ins. Co. v. Dells, 301 Mich. App. 368 (2013) (summarizes MCR 2.116(C)(10) summary-disposition standards)