Jack Barch v. Ryder Transportation Services
327914
| Mich. Ct. App. | Oct 20, 2016Background
- Plaintiff Jack Barch, a truck driver, slipped on an icy parking lot at Ryder’s facility while walking from his parked truck to the office on February 13, 2012.
- Barch initially continued to perform work tasks (received loading assignment, unloaded with help) and later created an accident report by phone after Ryder’s employee would not accept his report.
- He was later diagnosed with a torn rotator cuff requiring surgery and sued Ryder for premises liability, arguing the icy condition was effectively unavoidable because Ryder required him to park and cross the lot.
- Ryder moved for summary disposition under MCR 2.116(C)(10), arguing Barch could have avoided the hazard by not crossing, parking elsewhere, or contacting Ryder from his cell phone.
- The trial court granted summary disposition, concluding the icy condition was not effectively unavoidable; Barch appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the open-and-obvious icy parking lot was effectively unavoidable | Barch: he had no realistic choice but to park where directed and cross the lot to access the office, so the hazard was effectively unavoidable | Ryder: Barch could have parked elsewhere, remained in his truck, called from his cell phone, or otherwise avoided crossing the lot | Court: No genuine factual dispute — hazard not effectively unavoidable; summary disposition affirmed |
Key Cases Cited
- Riddle v. McLouth Steel Prods. Corp., 440 Mich. 85 (premises owner duty principles; invitee status)
- Williams v. Cunningham Drug Stores, Inc., 429 Mich. 495 (open-and-obvious doctrine bars duty to warn)
- Hoffner v. Lanctoe, 492 Mich. 450 (special aspects exception; definition of effectively unavoidable)
- Lugo v. Ameritech Corp., Inc., 464 Mich. 512 (special aspects include effectively unavoidable or substantial risk of serious injury)
- Bullard v. Oakwood Annapolis Hosp., 308 Mich. App. 403 (employment-related exposure to open-and-obvious hazard does not alone make it effectively unavoidable)
- Gorman v. American Honda Motor Co., Inc., 302 Mich. App. 113 (standard of review for summary disposition)
- West v. General Motors Corp., 469 Mich. 177 (genuine issue of material fact standard)