In 2003, when plaintiff
Frank Scola was a child, he was a passenger in his mother’s car when she collided
head-on into another car. His mother had turned the wrong way onto a one-way
road when exiting the bank defendants’ parking lot. In 2015, plaintiff filed
this lawsuit, alleging a claim of negligence against the bank defendants. The trial
court granted defendants’ motion for summary disposition, concluding that plaintiff’s
claim was based on a theory of premises liability, not negligence, and that
defendants did not have a duty to post a sign warning drivers about the one-way
road, and that any danger associated with turning the wrong way onto a one-way
road is open and obvious. In a split unpublished opinion, the Court of Appeals
affirmed. The Supreme Court has ordered oral argument on plaintiff’s
application for leave to appeal to address whether the Court of Appeals erred
in holding that plaintiff’s claim was based on premises liability rather than
ordinary negligence.