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158903 - Frank Scola v JP Morgan Chase Bank National Ass'n

Frank Anthony Scola,

 

Steven Hicks

 

Plaintiff-Appellant,

 

v

(Appeal from Ct of Appeals)

 

 

(Wayne – Murphy, J.)

 

JP Morgan Chase Bank, National Association, and JP Morgan Chase & Co.,

 

Robert Kamenec

 

Defendants-Appellees,

 

and

 

 

Kathleen Scola, Estate of John Barrow Brown, and City of Wayne,

 

 

 

Defendants.

 

 

 

 

Summary

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 In a split unpublished opinion, the Court of Appeals affirmed.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. ​