Opinion
No. 138083.
July 10, 2009.
Court of Appeals No. 279930.
Leave to Appeal Denied.
KELLY, C.J., and CAVANAGH and HATHAWAY, JJ. We would reverse the judgment of the Court of Appeals because we are not persuaded that the trial court erred when it denied the defendant's motion for summary disposition. When the facts are viewed in a light most favorable to the plaintiff, there were disputed issues of material fact relating to the applicability of the open and obvious doctrine.