JAMES CARPENTER V COATIS ANDERSON
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STATE OF MICHIGAN
COURT OF APPEALS
JAMES CARPENTER,
UNPUBLISHED
July 1, 2010
Plaintiff-Appellant,
v
No. 291155
Saginaw Circuit Court
LC No. 07-065357-NO
COATIS ANDERSON,
Defendant-Appellee.
Before: SHAPIRO, P.J., and JANSEN and DONOFRIO, JJ.
PER CURIAM.
In this premises liability case, plaintiff appeals by right the trial court’s order granting
defendant’s motion for summary disposition. We affirm. This appeal has been decided without
oral argument. MCR 7.214(E).
Plaintiff filed suit alleging that on December 16, 2005, he went to defendant’s home as a
visitor. Plaintiff alleged that after entering the premises he slipped on an invisible liquid on the
landing and fell down stairs, sustaining a serious and permanent injury to his shoulder. Plaintiff
alleged that defendant negligently failed to maintain his premises in a reasonably safe condition
and failed to warn of the unsafe condition of the premises.
Defendant moved for summary disposition pursuant to MCR 2.116(C)(8) and (10),1
arguing that at all relevant times he had no actual or constructive notice of any defect on his
premises, and that any defect that did exist was open and obvious and presented no special
aspects that would make it unreasonably dangerous notwithstanding its open and obvious nature.
Defendant indicated that on the day plaintiff fell, numerous persons, including plaintiff, had
gathered at defendant’s residence for a card game; no one reported the presence of liquid on the
landing, and no one other than plaintiff had difficulty walking on the landing or the stairs.
The trial court granted defendant’s motion for summary disposition. The trial court
declined to decide whether plaintiff was a licensee or an invitee on defendant’s premises on the
1
Subsequently, defendant proceeded under MCR 2.116(C)(10), only.
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ground that the case could be resolved without making that determination.2 The trial court found
as a matter of law that the hazard giving rise to plaintiff’s injuries was open and obvious, and
presented no special aspects that made it unreasonably dangerous notwithstanding its open and
obvious nature.
Plaintiff argues that the trial court erred by granting defendant’s motion for summary
disposition because a genuine issue of material fact existed as to whether the liquid on
defendant’s landing was open and obvious. We disagree.
We review the trial court’s decision on a motion for summary disposition de novo. In
reviewing a motion brought pursuant to MCR 2.116(C)(10), we must review the record evidence
and all reasonable inferences drawn therefrom in a light most favorable to the nonmoving party,
and decide whether a genuine issue of material fact exists. Trepanier v Nat’l Amusements, Inc,
250 Mich App 578, 582-583; 649 NW2d 754 (2002).
Plaintiff was a social guest at defendant’s home. A social guest is a licensee. Stitt v
Holland Abundant Life Fellowship, 462 Mich 591, 596; 614 NW2d 88 (2000).3 A premises
owner has a duty to warn an adult licensee of a hidden danger of which the owner knows or has
reason to know, if that hidden danger poses an unreasonable risk of harm and the licensee does
not know or have reason to know of the danger. A premises owner also has a duty to refrain
from wanton and willful misconduct. A premises owner does not owe a licensee a duty of
inspection, and has no obligation to prepare the premises for the licensee. Id.
The open and obvious danger doctrine attacks the duty element that a plaintiff must
establish in a prima facie negligence case. Bertrand v Alan Ford, Inc, 449 Mich 606, 612; 537
NW2d 185 (1995). Whether a danger is open and obvious depends on whether it is reasonable to
expect that an average person with ordinary intelligence would have discovered the danger upon
2
The trial court noted that were it forced to decide the issue, it would determine that plaintiff
was a licensee.
3
We cannot conclude that plaintiff in the instant case is analogous to the plaintiff in Manning v
Bishop of Marquette, 345 Mich 130; 76 NW2d 75 (1956). In Manning, the plaintiff had been
playing bingo at a church. Id. at 132. After the bingo game concluded, while the plaintiff was
leaving the church property, she was injured when she stepped in a hole and fell to the ground.
Id. The Manning Court held that the plaintiff had been on the church property as an invitee, id.
at 137, presumably because she had been at the church for a solely commercial purpose, Stitt,
462 Mich at 601-602 (describing the facts of Manning and observing that the plaintiff in that
case had been “on church premises . . . for a commercial purpose”). In contrast to the plaintiff in
Manning, however, plaintiff in the present case specifically testified at his deposition that, in
addition to going to defendant’s house to play cards, he also “went by [defendant’s house] to
visit with him.” Accordingly, plaintiff admits that he was not on defendant’s premises for solely
commercial purposes, and that he was actually there as a social guest. Because plaintiff was not
on defendant’s premises for an essential commercial purpose or in furtherance of defendant’s
own “commercial business interests,” he was merely a licensee. Stitt, 462 Mich at 604.
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casual inspection. Novotney v Burger King Corp (On Remand), 198 Mich App 470, 474-475;
499 NW2d 379 (1993).
The facts of this case, viewed in a light most favorable to plaintiff, showed that plaintiff
walked through a thin layer of snow to reach defendant’s door, and when admitted to defendant’s
residence, stepped inside and onto a landing that was covered in vinyl. We conclude that the
trial court correctly found that the danger of falling on a vinyl floor while wearing shoes that
were wet was open and obvious. Plaintiff, who had lived in Michigan for more than 35 years at
the time of the accident, knew or should have known of the danger of stepping onto a vinyl
floor—i.e., that water could have accumulated on the floor and that he, himself, could have
tracked moisture into the home. The danger of stepping on a vinyl floor during the winter is well
known to adults who live in Michigan; therefore, we hold that defendant had no duty to warn
plaintiff of the condition. The fact that plaintiff did not observe any of the moisture that was on
the landing is irrelevant to the issue of whether the condition was open and obvious. As the
Novotney Court stated:
[T]he analysis whether a danger is open and obvious does not revolve
around whether steps could have been taken to make the danger more open or
obvious. Rather, the equation involved is whether the danger, as presented, is
open and obvious. The question is: Would an average user with ordinary
intelligence have been able to discover the danger and the risk presented upon
casual inspection? [Novotney, 198 Mich App at 474-475.]
We conclude that, with respect to water on a vinyl surface during the winter, it is
reasonable to expect that plaintiff, as a licensee, would have discovered the danger. Nor can we
conclude that there were any special aspects making the condition unreasonably dangerous or
effectively unavoidable despite its open and obvious nature. See Lugo v Ameritech Corp, Inc,
464 Mich 512, 517-519; 629 NW2d 384 (2001). The trial court correctly granted defendant’s
motion for summary disposition.
Affirmed.
/s/ Kathleen Jansen
/s/ Pat M. Donofrio
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