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No. 128139
| Gerard J. Wiater, |
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Robert T. Finkbeiner |
Plaintiff-Appellee, |
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vs (Marquette - Weber, J.)
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Great Lakes Recovery Centers, Inc., |
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Michael G. Summers |
Defendant-Appellant. |
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| ______________________________________ |
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Plaintiff-Appellee's Response to Application for Leave to Appeal>>
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Defendant-Appellant's Application for Leave to Appeal>>
Defendant-Appellant's Supplemental Brief>>
Michigan Trial Lawyers Association's Amicus Curiae Brief>>
Background
Gerard Wiater parked in Great Lakes Recovery Center’s parking lot and went inside to pick up a resident of the center. As Wiater and the resident were getting into Wiater’s van, Wiater slipped on ice and fell, striking his head on the pavement. He was taken to a hospital for treatment. Wiater sued Great Lakes Recovery Center, claiming that it was responsible for his injuries because it failed to exercise reasonable care in maintaining the parking lot and keeping it free of ice and snow. The Center filed a motion for summary disposition, arguing that Wiater was not an invitee and that the Center was therefore liable only for hidden defects. The Center also argued that, even if Wiater was an invitee, the condition of the parking lot was open and obvious and there was no unreasonably dangerous condition or “special aspect” of the parking lot that would allow Wiater to overcome the open and obvious defense. The trial court granted the Center’s motion, but the Court of Appeals reversed in an unpublished opinion. The Court of Appeals found that Wiater was an invitee, and that Wiater created a fact issue over whether the situation involved special aspects that made it unreasonably dangerous. The Center appeals.
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