The plaintiff was injured on her way into work when
she slipped and fell in the defendant’s parking lot. The plaintiff filed a premises liability
action, and the defendant filed a motion for summary disposition, arguing that
it did not have possession and control of the premises, and that the condition
was open and obvious and was not effectively unavoidable. The trial court denied the motion. The Court of Appeals affirmed in a 2-1
unpublished opinion. The majority held
that the defendant was in possession and control of the premises, that the
condition was open and obvious, and that there was a question of fact whether
the condition was effectively unavoidable.
The Supreme Court has ordered oral argument on the application to
address: (1) whether the plaintiff’s employment
is a relevant consideration in determining whether a condition is effectively
unavoidable, Hoffner v Lanctoe, 492 Mich 450
(2012), and Perkoviq v Delcor Homes-Lake Shore Pointe Ltd,
466 Mich 11 (2002); and (2) whether there was a question of fact concerning
whether the parking lot constituted an effectively unavoidable condition.