COLLETTE ABOU-SOUAN V SOMERSET COLLECTION LIMITED PARTNERSHIP
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
COLLETTE ABOU-SOUAN,
UNPUBLISHED
July 26, 2005
Plaintiff-Appellant,
v
No. 260074
Oakland Circuit Court
LC No. 2004-057479-NO
SOMERSET COLLECTION LIMITED
PARTNERSHIP, d/b/a SOMERSET
COLLECTION,
Defendant-Appellee.
Before: Cooper, P.J., and Fort Hood and R. S. Gribbs*, JJ.
COOPER, P.J. (concurring).
I write separately, as I would find that plaintiff created a question of fact regarding
whether the condition causing her fall was open and obvious. The evidence presented shows that
the ice cream was the same color as the floor and, therefore, was a hidden danger. However, as
noted in the majority opinion, the trial court properly granted defendant’s motion for summary
disposition based on the issue of notice. Plaintiff admitted in her own deposition that she did not
know if the ice cream was melted at the time of her fall. Therefore, there was no evidence that
defendant knew or should have known that a dangerous condition existed.
/s/ Jessica R. Cooper
* Former Court of Appeals judge, sitting on the Court of Appeals by assignment.
-1-
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.
