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Kaseta v. Binkowski

Supreme Court of Michigan
Nov 21, 2007
480 Mich. 939 (Mich. 2007)

Summary

reversing the court of appeals' decision by adopting the dissenting opinion from the court of appeals decision, which concluded that black ice was open and obvious where, among other things, the plaintiff was a lifelong Michigan resident who had considerable experience with Michigan weather

Summary of this case from Jaafar v. Home Depot USA, Inc.

Opinion

No. 134728.

November 21, 2007.

Court of Appeals No. 273215.


Summary Disposition November 21, 2007:

Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals, for the reasons stated in the Court of Appeals dissenting opinion, and we remand this case to the Macomb Circuit Court for entry of ajudgment of summary disposition in favor of the defendants.

We would deny leave to appeal.


Summaries of

Kaseta v. Binkowski

Supreme Court of Michigan
Nov 21, 2007
480 Mich. 939 (Mich. 2007)

reversing the court of appeals' decision by adopting the dissenting opinion from the court of appeals decision, which concluded that black ice was open and obvious where, among other things, the plaintiff was a lifelong Michigan resident who had considerable experience with Michigan weather

Summary of this case from Jaafar v. Home Depot USA, Inc.

reversing and adopting lower court dissent, which held that unnoticeable black ice on a well cleared driveway was open and obvious on a day of temperature fluctuations after a snowfall

Summary of this case from FAGG v. SUPER FOOD SERVICES, INC.
Case details for

Kaseta v. Binkowski

Case Details

Full title:MICHELE KASETA, Plaintiff-Appellee, v. THEODORE BINKOWSKI and CAROL…

Court:Supreme Court of Michigan

Date published: Nov 21, 2007

Citations

480 Mich. 939 (Mich. 2007)

Citing Cases

Jaafar v. Home Depot USA, Inc.

The Court also finds that there was sufficient indicia that icy conditions were present. First, Plaintiff has…

FAGG v. SUPER FOOD SERVICES, INC.

This principle continues to receive application in snow and ice cases that involve a fall. See Kaseta v.…