Dean & Fulkerson’s own Karen Ludden and Eric Wagman won a premises liability case in the Michigan Court of Appeals, which affirmed dismissal of plaintiff’s claim against an apartment complex when she slipped and fell. The Court of Appeals held that the trial court did not err in dismissing the case with prejudice on the record before it, when plaintiff’s counsel failed to file a timely brief. The Court of Appeals further held that the trial court did not err in denying Plaintiff’s motion for reconsideration, where granting dismissal on the merits was appropriate under the open and obvious doctrine and the plaintiff’s nuisance claim sounded in premises liability and thus was appropriately dismissed.
Click on the link below for full decision. Michigan Court of Appeals – Premise Liability
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