FLORENCE BAKER V TENDERCARE (MICHIGAN) INC (dissenting)
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STATE OF MICHIGAN
COURT OF APPEALS
FLORENCE BAKER,
UNPUBLISHED
April 15, 2008
Plaintiff-Appellant,
No. 275499
Wayne Circuit Court
LC No. 05-525740-NO
v
TENDERCARE (MICHIGAN), INC., d/b/a
WAYNE TOTAL LIVING CENTER,
Defendant-Appellee.
Before: White, P.J., and Hoekstra and Schuette, JJ.
WHITE, P.J. (dissenting).
I respectfully dissent. Because I conclude that plaintiff established a genuine issue of
material fact whether she fell due to a seemingly harmless crack that crumbled under her foot
into a gap or hole that was large enough to catch her foot, and that the danger that the pavement
around the crack might crumble away under her step was not open and obvious as a matter of
law, I would reverse the grant of summary disposition to defendant and remand for further
proceedings.
/s/ Helene N. White
-1-
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