Summary
In Ragnoli v North Oakland-North Macomb Imaging, Inc, 500 Mich. 967 (2017), our Supreme Court, reversing a decision by this Court, ruled that "[t]he trial court correctly held that, notwithstanding the low lighting in the parking lot, the presence of wintery weather conditions and of ice on the ground elsewhere on the premises rendered the risk of a black ice patch 'open and obvious such that a reasonably prudent person would foresee the danger' of slipping and falling in the parking lot."
Summary of this case from Castleberry v. Applebee's Neighborhood Bar & GrillOpinion
SC: 153763 COA: 325206
04-14-2017
Marguerite RAGNOLI and Paul Ragnoli, Plaintiffs–Appellees, v. NORTH OAKLAND–NORTH MACOMB IMAGING, INC., Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the April 12, 2016 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals. The trial court correctly held that, notwithstanding the low lighting in the parking lot, the presence of wintery weather conditions and of ice on the ground elsewhere on the premises rendered the risk of a black ice patch "open and obvious such that a reasonably prudent person would foresee the danger" of slipping and falling in the parking lot. See Hoffner v. Lanctoe , 492 Mich. 450, 464 (2012). We REMAND this case to the Oakland Circuit Court for reinstatement of the November 12, 2014 order granting summary disposition to the defendant.
Bernstein, J., would deny leave to appeal.