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Cook and Stiglich Obtain Dismissal on Lack of Evidence in Slip and Fall Alleging Icy Sidewalk

May 17, 2019
William Cook (Partner-Michigan) and John Stiglich (Associate-Michigan) represented an apartment complex owner and management company in a premises liability case in Washtenaw County Circuit Court, Michigan. The plaintiff claimed that she slipped and fell on an accumulation of ice that formed on a common area sidewalk that the defendants failed to keep reasonably clean. However, in her deposition, the plaintiff testified that she did not know what caused her to slip, that she never saw ice on the sidewalk on the morning of her occurrence. William and John filed a motion to dismiss the case because the plaintiff failed to produce evidence as to the cause of her slip and fall, and to the extent ice was involved it was an open and obvious condition under Michigan law. They further argued that the plaintiff could not prove the sidewalk was unfit for its intended purpose as there was no information about the size of the ice patch on which she claimed to have slipped. The court agreed with the arguments presented by William and John and dismissed the plaintiff’s case in its entirety. The plaintiff has chosen not to appeal the court’s decision.

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