Xhezmi Kodra v. Stoney Creek Village Apartments LLC, 333392

Plaintiff slipped on ice on a sidewalk outside his apartment building owned by defendant and broke his arm on February 11, 2015.
Plaintiff sued for premises liability and for violation of MCL 554.139(1), alleging the sidewalk was not fit for its intended use.
Defendant moved for summary disposition under MCR 2.116(C)(8) and (10), arguing the ice was open and obvious with no special aspects and that the sidewalk was fit for intended use.
The trial court found the ice was open and obvious with no special aspects and that, although the sidewalk was unfit due to ice under MCL 554.139(1)(a), defendant lacked actual or constructive notice of the ice; it granted summary disposition for defendant.
On appeal plaintiff conceded the open-and-obvious ruling and challenged only whether there was a genuine factual dispute about defendant’s notice of the ice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendant had notice (actual or constructive) of the ice that caused the fall	There is a factual dispute as to notice; meteorologist’s affidavit showed weather conditions that would have allowed ice to form earlier, giving defendant time to discover/remove it	No evidence of actual notice (no complaints, no observation) and meteorologist’s affidavit is conjecture insufficient to prove constructive notice	No genuine issue of material fact: plaintiff failed to show actual or constructive notice; summary disposition affirmed
Whether the dangerous condition was the uneven concrete slabs rather than ice	Argued slab unevenness contributed to the fall	Defendant treated ice as the dangerous condition; slabs alone not alleged hazardous condition	Plaintiff admitted he slipped on ice and presented no evidence slabs alone were dangerous; court considered ice the relevant condition

Innovation Ventures v. Liquid Mfg., 499 Mich. 491 (standard of review for summary disposition)
Maiden v. Rozwood, 461 Mich. 109 (MCR 2.116(C)(10) tests factual sufficiency)
Lowrey v. LMPS & LMPJ, Inc., 500 Mich. 1 (summary disposition standard; notice can be actual or constructive)
Gorman v. American Honda Motor Co., Inc., 302 Mich. App. 113 (definition of genuine issue of material fact)
Derbabian v. S & C Snowplowing, Inc., 249 Mich. App. 695 (liability can be based on defendant’s active negligence)
Altairi v. Alhaj, 235 Mich. App. 626 (general weather evidence insufficient to establish constructive notice)
Karbel v. Comerica Bank, 247 Mich. App. 90 (conjectural opinions cannot establish constructive notice)
Benton v. Dart Properties, Inc., 270 Mich. App. 437 (discussed in context of notice requirement under MCL 554.139)