JODI RADEMAKER V LAWSON CO
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STATE OF MICHIGAN
COURT OF APPEALS
JODI RADEMAKER,
UNPUBLISHED
January 6, 1998
Plaintiff-Appellant,
v
THE LAWSON COMPANY d/b/a DAIRY MART
CONVENIENCE STORE,
No. 197229
Kent Circuit Court
LC No. 95-004217 NO
Defendant-Appellee.
Before: Griffin, P.J., and Markman and Whitbeck, JJ.
MEMORANDUM.
Plaintiff appeals by right summary disposition in favor of defendant in this premises liability
action. We decide this appeal without oral argument pursuant to MCR 7.214(E).
Plaintiff was injured when she approached defendant’s store from a parking lot. Instead of
using the accessible, sensible, and safe sidewalk route, which was somewhat circuitous, plaintiff opted
for a shortcut which involved attempting to traverse a steep incline, covered with blacktop. Plaintiff fell,
sustaining lacerations which severed tendons and nerves in her arm. Defendant had no obligation to
warn plaintiff of the danger, which was open and obvious. Additionally, having provided an observable
and safe means of access to its premises, defendant is not liable where plaintiff opted for a hazardous
alternate route that is in no way suggested by the physical layout of the premises. Defendant is not
obligated to “foolproof” its premises to avoid liability for such an accident. Spagnuolo v Rudds #2,
Inc, 221 Mich App 358, 360-362; 561 NW2d 500 (1997).
Affirmed.
/s/ Richard Allen Griffin
/s/ Stephen J. Markman
/s/ William C. Whitbeck
-1
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