DAVID R FARR V GRAND RAPIDS RESTAURANTS INC
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
DAVID R. FARR,
UNPUBLISHED
July 25, 1997
Plaintiff-Appellant,
and
KATHIE S. SHAW,
Plaintiff,
v
GRAND RAPIDS RESTAURANTS, INC, d/b/a
SAYFEE’S EAST,
No. 195428
Kent Circuit Court
LC No. 95-003090 NO
Defendant-Appellee.
Before: Jansen, P.J., and Wahls and P.R. Joslyn*, JJ.
MEMORANDUM.
Plaintiff David Farr appeals as of right from an order summarily dismissing his premises liability
action pursuant to MCR 2.116(C)(10). We affirm. This case is being decided without oral argument
pursuant to MCR 7.214(E).
Plaintiff failed to demonstrate the existence of a genuine issue of material fact with regard to the
presence of an unsafe condition on defendant’s premises. MCR 2.116(C)(10); Skinner v Square D
Co, 445 Mich 153; 516 NW2d 475 (1994); Serinto v Borman Food Stores, 380 Mich 637; 158
NW2d 485 (1968); Stefan v White, 76 Mich App 654; 257 NW2d 206 (1977). Plaintiff’s fall, in and
of itself, is insufficient to raise an inference of an unsafe condition. Stefan, supra at 661; Winfrey v S S
Kresge Co, 6 Mich App 504; 149 NW 2d 470 (1967). Plaintiff’s speculation and conjecture with
regard to the instrumentality of his fall is insufficient to create a genuine issue of material fact. Libralter
Plastic, Inc v Chubb Group of Ins Cos, 199 Mich App 482; 502 NW2d 742 (1993).
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
In view of our disposition of this issue, we need not address plaintiff’s remaining issue.
Affirmed.
/s/ Kathleen Jansen
/s/ Myron H. Wahls
/s/ Patrick R. Joslyn
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
