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159692 - Donna Livings v Sage's Investment Group, LLC

Donna Livings,

 

Christopher Baratta

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Macomb – Servitto, E.)

 

Sage’s Investment Group, LLC,

 

Eric Conn

 

Defendant-Appellant,

 

and

 

 

T & J Landscaping & Snow Removal, Inc., and Grand Dimitre’s of Eastpointe Family Dining,

 

 

 

Defendants.

 

Summary

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  The Court of Appeals affirmed in a 2-1 unpublished opinion.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.​